CMA Foundation · Fundamentals of Business Laws and Business Communication · Sources of Law
Which one of the following is an essential requirement for a local custom to be accepted by a court as a valid source of law?
A custom must be reasonable and must not conflict with statute law or public policy to be enforced by a court. Along with this it must be ancient, certain and continuous. Parliamentary approval or written recording is not needed for it to be recognised.
- AIt must have been approved by Parliament before being followed
- BIt must be reasonable and not opposed to statute law or public policyCorrect
- CIt must have been reduced to writing by a government department
- DIt must be followed only by a single family
Explanation
A custom to be enforced must be ancient, certain, continuous, reasonable and not contrary to statute or morality or public policy. Prior approval by Parliament or written record is not required, and a custom followed by one family alone does not usually qualify as a custom of a community or locality.
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