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

Which statement correctly distinguishes a legal custom from a mere usage or convention?

A legal custom is enforceable by courts as law because it has acquired binding force through long, continuous and reasonable observance. A mere usage or convention is followed in practice but is not legally binding unless it satisfies the tests of custom.

  1. AA legal custom is enforceable by courts as law, whereas a mere usage lacks binding legal force unless it is shown to have acquired the character of customCorrect
  2. BBoth are always enforceable by courts in the same manner
  3. CA usage is binding law while a custom is only moral
  4. DA custom needs a statute to be enacted before it is followed

Explanation

A legal custom has acquired the force of law through antiquity, continuity and recognition. A mere usage or convention may be followed in practice but lacks binding legal force unless it satisfies the tests of custom. The reverse in option 3 is incorrect.

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