Modus Et Conventio Vincunt Legem Law and Legal Definition
Modus et conventio vincunt legem meaning ‘manner and agreement overrule the law’ is the elementary principle of law relating to contract. The conditions annexed to a deed, lease or any instrument, whether written or verbal entered into between the parties, when duly executed and performed, have the force of law over the parties to the instrument. Where a right, duty or liability would arise under a contract of sale of goods by implication of law it may be negatived or varied by express agreement, or by the course of dealing between the parties. The parties to an agreement may renounce, diminish, or increase their rights by the terms in the agreement. However, the parties to an agreement must abstain from illegal contract. An agent acting for his/her principal binds the principal and not himself/herself. However, s/he can contract as to make himself/herself personally liable.