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

A village community claims that a ritual-based right of way over a neighbour's land has been exercised openly for generations. A court is asked to treat this as a valid custom. Which of the following is an essential requirement for the claim to succeed?

The claim succeeds only if the practice is reasonable and does not conflict with statute or public policy. Along with antiquity, certainty and continuity, these are the recognised tests of a valid custom. Parliamentary approval, registration or nationwide observance is not needed for a local custom.

  1. AThe practice must have been approved by Parliament before it began
  2. BThe practice must be reasonable and not opposed to statute law or public policyCorrect
  3. CThe practice must be recorded in a registered document
  4. DThe practice must be followed by at least one person in every State

Explanation

A valid custom must be ancient, certain, continuous, reasonable and not opposed to morality, public policy or express statute. Prior parliamentary approval, registration or nationwide following is not required for a local custom. Hence only the reasonableness and non-conflict requirement is correct.

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