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What is the fundamental prerequisite for the incorporation of custom under English law?

In Trendtex Trading Corporation v. Central Bank of Nigeria (1977) customary international law was treated as part of English law subject to conflicting legislation, so…

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What is the fundamental prerequisite for the incorporation of custom under English law?

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In Trendtex Trading Corporation v. Central Bank of Nigeria (1977) customary international law was treated as part of English law subject to conflicting legislation, so "Custom is incorporated if it is not in conflict with existing legislation".

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