Skip to content

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

Village X has long followed a practice that a particular family alone may draw water from a common well. A statute later declares the well open to all residents. On the conflict between the custom and the statute, the correct position is that:

The statute prevails. A custom, however old or continuous, is subordinate to enacted law and cannot override an express statutory provision. Since the statute opens the well to all residents, the family's exclusive customary right cannot stand against it.

  1. AThe custom prevails because it is older
  2. BThe statute prevails because a valid custom cannot override an express statutory provisionCorrect
  3. CBoth operate together and the court may choose between them
  4. DThe custom prevails if the family proves it is continuous

Explanation

Custom is a subordinate source; where a statute expressly deals with the matter, the statute overrides the custom. Age and continuity do not save a custom that contradicts enacted law, so options 1 and 4 are wrong.

Did you get it right without looking?

One question tells you little. A timed set on Sources of Law shows your real accuracy, how long you take and where you lose marks.

Practise Sources of LawFree diagnostic mock

More Sources of Law questions