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

Customs are commonly classified as legal customs and conventional customs. Which statement correctly describes a conventional custom (usage)?

A conventional custom, or usage, binds because the parties are presumed to have made their contract with reference to it. It can be excluded by contrary agreement and does not operate as law by its own force, unlike a legal custom, which binds irrespective of the parties' intention.

  1. AIt operates as a binding rule of law of its own force in the whole country
  2. BIt is binding because parties are taken to have incorporated it into their agreement, unless they exclude itCorrect
  3. CIt can never be enforced by a court
  4. DIt is a rule created only by a High Court judgment

Explanation

Legal customs are binding as law by their own authority, either local or general. A conventional custom or usage binds because the parties are presumed to have contracted with reference to it, so it can be excluded by contrary agreement. Courts do enforce it as part of the contract.

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