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

A trading community in a town claims a custom that disputes among its members must first go to the community panchayat before any court is approached. Which of the following is an essential requirement for a valid legal custom that the court will test first?

The court tests whether the custom is ancient, continuous, certain and reasonable, and not opposed to statute or public policy. Parliamentary approval or a written signed record is not required for a custom to be valid, so those options are wrong.

  1. AThe custom must have been approved by Parliament
  2. BThe custom must be ancient, continuous and not unreasonable or opposed to statute or public policyCorrect
  3. CThe custom must be recorded in a written agreement signed by all members
  4. DThe custom must have been followed for at least one generation in writing

Explanation

A valid custom must be ancient (long-standing), certain, continuous, reasonable, and not opposed to statute or morality/public policy. No parliamentary approval or written record is required, so options 1, 3 and 4 add conditions that the law does not impose.

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