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

Under Salmond's classification, customs recognised by law are divided into legal customs and conventional customs. A legal custom is one that:

A legal custom is a rule that operates as binding law by its own force, independent of any agreement between the parties. It differs from a conventional custom, which binds only because parties are taken to have incorporated it into their contract.

  1. AOperates as a binding rule of law in itself, independent of any agreement between partiesCorrect
  2. BOperates only because parties have incorporated it into their contract
  3. CIs valid only if it is local and not general
  4. DIs created by judicial precedent alone

Explanation

A legal custom has the force of law of its own authority, and may be local or general. A conventional custom, by contrast, binds because parties are taken to have agreed to it, as with trade usages incorporated in contracts. So option 1 describes conventional custom.

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