lex non scripta

As opposed to lex scripta, the lex non scripta is unwritten law, derived from sources such as customs in a trade and common usage. When a party to litigation pleads that a part of the lex non scripta applies to the facts of the case, it will be required to prove the source of the obligation or right.

Usage: The litigant asserted that a term of trade usage applied to the contract and thus part of the lex non scripta.

Related Words: lex scripta; legislation; statutory interpretation; implied terms; express terms; contract.