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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

A trade association in a city asserts a mercantile practice of allowing a fixed discount on certain bulk sales. The practice has existed for some years but is sometimes followed and sometimes ignored by members. In deciding whether it is a valid custom, which defect is most directly present?

The main defect is lack of continuity and certainty. A custom must be followed uniformly and without interruption so that its content is definite and members regard it as obligatory. Sometimes following and sometimes ignoring the discount shows the practice is not settled enough to be recognised as custom.

  1. ALack of continuity and certainty in observanceCorrect
  2. BExcessive antiquity
  3. CConflict with the Preamble only
  4. DEnactment by a State Legislature

Explanation

A valid custom must be observed continuously and without interruption, and must be certain in content. Selective, intermittent following shows the practice is not settled or obligatory. Antiquity is not excessive; the problem is inconsistency, and no legislation is involved.

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