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MikeLittle.
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ilham9089
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Are common law and equity law both examples of judge-made laws?
MikeLittle
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Not really. Equity is (going back to the early 17th century and the Earl of Oxford’s case)
But common law developed through a number of routes including such obscure ones as ‘custom’ – where an act has been carried out continuously since time immemorial (taken as 1189) nec vi, nec clam, nec precario (without force, without secrecy and without risk / danger) then that custom becomes part of common law
So, show the judge the actions and prove that these actions have been carried out nec vi, nec clam, nec precario and the judge will (MAY!!!!) accept the actions as allowable under the principle of custom
See the case Mercer v Denne
https://www.bing.com/search?q=mercer+v+denne&form=ANNTH1&refig=4bb1e16cd0734baf8d2deb6949cb03e9
OK?
ilham9089
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