The following excerpt is from National American Ins. Co. of California v. Certain Underwriters at Lloyd's London, 93 F.3d 529 (9th Cir. 1995):
The principle that custom or usage cannot overcome a rule of law applies with less force when, as here, the law derives not from statute, but from the common law. "[O]bjection on the ground of contrariety to the general or common law is entitled to little weight where the custom or usage assailed embraces an entire business, and has been concurred in for a long time by all persons engaged therein." 25 C.J.S. Custom and Usages 10 (1966) (and cases cited therein) This distinction between statutory and common law is sound. The common law's "malleability to suit the necessities and usages of the mercantile and commercial world," is one of its most valuable characteristics. Mercer County v. Hacket, 68 U.S. (1 Wall.) 83, 95, 17 L.Ed. 548 (1863).
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