Practice question
A mandatory statute remains in force, but a business proves that many competitors have ignored it for years. Does that custom alone excuse its violation under Article 7?
- Yes, widespread violations repeal the statute
- Yes, business practice always prevails
- Yes, if a competitor benefits
- Yes, unless a new statute repeats the same rule
- No, contrary custom or practice does not by itself excuse nonobservance
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 7
- https://lawphil.net/judjuris/juri2007/aug2007/gr_162155_2007.html — CIR v. Primetown Property Group, Inc., G.R. No. 162155, August 28, 2007, repeal by irreconcilable inconsistency
- https://lawphil.net/judjuris/juri2024/jun2024/gr_260458_2024.html — Hagedorn v. COA, G.R. No. 260458, June 4, 2024, main opinion, qualified operative fact doctrine
Answer this question in flashcards to review your response and continue practicing.