Legal Definitions - conventional law

Conventional law refers to a system of rules that individuals or groups agree upon to regulate their conduct toward one another. These rules function as special law between the parties, either supplementing or replacing the general law of the land for their specific purposes.

Conventional law refers to a set of rules or a system of regulations that individuals or groups establish and agree upon to govern their interactions and conduct with one another. These rules derive their authority from the mutual consent of the parties involved, creating a specific legal framework that applies uniquely to them. This framework can either add to existing general laws or, in certain circumstances, replace them for the specific parties who have agreed to abide by it.

• Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs)

  Imagine a residential community governed by a Homeowners Association (HOA). When individuals purchase a home within this community, they automatically agree to abide by a detailed set of rules known as Covenants, Conditions, and Restrictions (CC&Rs). These CC&Rs dictate various aspects of property use and resident behavior, such as permissible exterior paint colors, landscaping requirements, noise regulations, and rules for common areas.

  This is an example of conventional law because the residents, by choosing to live in the community, voluntarily agree to these specific rules. These rules create a special legal framework that applies only to the HOA members, supplementing the general property laws of the state with additional, more specific regulations tailored to maintain the community's character and harmony.

• Collective Bargaining Agreement (CBA)

  Consider a situation where a labor union represents employees at a particular company. The union and the company often negotiate and sign a document called a Collective Bargaining Agreement (CBA). This agreement outlines specific terms and conditions of employment, including wages, benefits, working hours, grievance procedures, and job security.

  The CBA is a form of conventional law because it is a mutually agreed-upon contract between the employer and the employees (through their union). It establishes a unique set of rules that govern the employment relationship within that specific company, often providing more detailed or different provisions than the general labor laws that would otherwise apply, but only for the parties bound by the agreement.

• Online Platform's Terms of Service (ToS)

  When you sign up for an online service, such as a social media platform, a streaming service, or a software application, you are typically required to click "I agree" to the platform's Terms of Service (ToS) or End-User License Agreement (EULA). These documents detail the rules for using the service, acceptable conduct, privacy policies, intellectual property rights, and how disputes will be handled.

  This constitutes conventional law because, by clicking "I agree," you are entering into an agreement with the service provider. You voluntarily consent to abide by their specific set of rules, which govern your interaction with that particular platform. These terms create a specialized legal relationship between you and the service provider, supplementing general consumer protection laws with rules specific to the online environment.