CMA Foundation · Fundamentals of Business Laws and Business Communication · Sources of Law
Which statement about custom as a source of Indian law is correct?
A custom is recognised as a source of Indian law only if it is ancient, certain, reasonable and not opposed to statute or public policy. A clear statute overrides custom, and a practice of one family does not qualify.
- AA custom prevails over a clear statutory provision on the same matter
- BA valid custom must be ancient, certain, reasonable and not opposed to statute or public policyCorrect
- CAny practice followed by a single family becomes binding law
- DCustom has no recognition in Indian law at all
Explanation
Courts recognise custom as a source only if it is ancient, continuous, certain, reasonable and not contrary to statute or morality. Where a statute clearly deals with the matter, it prevails over custom. Option one reverses this rule, and the last option ignores the recognition given to valid customs.
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.
More Sources of Law questions
- In a commodity market in Indore, traders have for decades allowed a fixed 2% weight allowance on bulk deliveries of a grain, and no written …
- Which of the following best describes the meaning of 'law' in the sense used in the study of business laws?
- Which of the following is a recognised ground on which delegated legislation can be challenged in a court of law?
- Which statement about the relationship between law and morality is correct?
- A statute prescribes a fine for dumping industrial waste in a river. A factory owner argues that he never agreed to this rule and therefore …
- Which of the following is generally treated as a source of law in India in addition to legislation, custom and judicial precedent?