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Questions and Answers
What is the primary distinction between custom and usage?
What is the primary distinction between custom and usage?
Which condition is NOT necessary for a mercantile usage to be valid?
Which condition is NOT necessary for a mercantile usage to be valid?
What does custom need to override common law?
What does custom need to override common law?
In terms of prescription, what primarily distinguishes it from custom?
In terms of prescription, what primarily distinguishes it from custom?
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How long must usage typically continue before it is recognized as custom?
How long must usage typically continue before it is recognized as custom?
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What is the main legal implication of a local custom?
What is the main legal implication of a local custom?
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Which statement about prescriptive rights is correct?
Which statement about prescriptive rights is correct?
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What role does express agreement play in the context of custom and usage?
What role does express agreement play in the context of custom and usage?
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What did Salmond suggest must be examined before denying legal recognition to a custom?
What did Salmond suggest must be examined before denying legal recognition to a custom?
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In Raja Varma v. Ravi Varma, what was determined to be an invalid custom?
In Raja Varma v. Ravi Varma, what was determined to be an invalid custom?
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What must a custom not violate to be considered reasonable by the courts?
What must a custom not violate to be considered reasonable by the courts?
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In Walstanton Ltd. v. Newcastle-under-Lyme Corporation, what was the court's stance on enforcing customs?
In Walstanton Ltd. v. Newcastle-under-Lyme Corporation, what was the court's stance on enforcing customs?
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How should the reasonableness of a custom be judged?
How should the reasonableness of a custom be judged?
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What was concluded regarding the prescriptive right to fish in Lutchmeeput v. Sadaulla?
What was concluded regarding the prescriptive right to fish in Lutchmeeput v. Sadaulla?
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Who articulated the standard upon which the courts assess reasonableness in customs?
Who articulated the standard upon which the courts assess reasonableness in customs?
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What can happen to a precedent considered plainly and seriously unreasonable?
What can happen to a precedent considered plainly and seriously unreasonable?
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What is a key requirement for a practice to be recognized as customary law?
What is a key requirement for a practice to be recognized as customary law?
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Which phrase captures the essential nature of a legal custom?
Which phrase captures the essential nature of a legal custom?
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What aspect must a custom adhere to in order to be deemed valid.
What aspect must a custom adhere to in order to be deemed valid.
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Which statement about the transformation of custom into law is accurate according to the historical theory?
Which statement about the transformation of custom into law is accurate according to the historical theory?
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What does the phrase 'nec vi nec clam nec precario' signify in relation to customary law?
What does the phrase 'nec vi nec clam nec precario' signify in relation to customary law?
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According to the principles stated, what is true about the establishment of customs?
According to the principles stated, what is true about the establishment of customs?
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What central principle is established by the case Budanso v. Faturr regarding custom and public policy?
What central principle is established by the case Budanso v. Faturr regarding custom and public policy?
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Who is NOT mentioned as an exponent of the historical theory of transformation of custom into law?
Who is NOT mentioned as an exponent of the historical theory of transformation of custom into law?
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What length of time does the Andhra Pradesh High Court suggest for a custom to be enforceable?
What length of time does the Andhra Pradesh High Court suggest for a custom to be enforceable?
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According to the Supreme Court's ruling, what should not be strictly applied to Indian customs?
According to the Supreme Court's ruling, what should not be strictly applied to Indian customs?
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What is the primary reason for not enforcing modern customs in law?
What is the primary reason for not enforcing modern customs in law?
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What is the burden of proof when a party challenges the validity of a custom?
What is the burden of proof when a party challenges the validity of a custom?
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Which of the following principles indicates that a custom must not be repugnant to right and reason?
Which of the following principles indicates that a custom must not be repugnant to right and reason?
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What is one of the key tests for the validity of a custom?
What is one of the key tests for the validity of a custom?
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According to Sir Edward Coke, when is a custom considered contrary to reason?
According to Sir Edward Coke, when is a custom considered contrary to reason?
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What must be established about a custom for it to be deemed unreasonable?
What must be established about a custom for it to be deemed unreasonable?
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Which statement best represents Manu's view on custom and law?
Which statement best represents Manu's view on custom and law?
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How does J.C.Gray's perspective on laws differ from that of Manu?
How does J.C.Gray's perspective on laws differ from that of Manu?
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What criticism did Paton level against the Historical theory of law?
What criticism did Paton level against the Historical theory of law?
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According to the Analytical theory, what is required for a custom to become law?
According to the Analytical theory, what is required for a custom to become law?
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How does Gray define the role of judges in relation to law?
How does Gray define the role of judges in relation to law?
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What differentiation does Allen highlight regarding the nature of customs?
What differentiation does Allen highlight regarding the nature of customs?
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Which classification of customs does not require any form of obligation?
Which classification of customs does not require any form of obligation?
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Legal Customs can be further categorized into which two types?
Legal Customs can be further categorized into which two types?
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What is required for a conventional custom to be binding on parties in a contract?
What is required for a conventional custom to be binding on parties in a contract?
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Which of the following is NOT an essential requirement for a conventional custom to acquire the status of law?
Which of the following is NOT an essential requirement for a conventional custom to acquire the status of law?
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In which case was it determined that a conventional custom contrary to an express contract condition cannot be enforced by law?
In which case was it determined that a conventional custom contrary to an express contract condition cannot be enforced by law?
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How does customary law influence the understanding of parties' intentions in a contract?
How does customary law influence the understanding of parties' intentions in a contract?
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What initial role did customs play in the development of legal systems?
What initial role did customs play in the development of legal systems?
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Which of the following statements about conventional customs is true?
Which of the following statements about conventional customs is true?
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Which limitation is placed on the validity of a conventional custom according to the provided content?
Which limitation is placed on the validity of a conventional custom according to the provided content?
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What is a necessary condition for a custom to be considered valid in the context provided?
What is a necessary condition for a custom to be considered valid in the context provided?
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Study Notes
Custom as a Source of Law
- Custom is a habitual conduct, uniformly and voluntarily observed by people.
- It's a significant aspect in regulating human conduct in societies.
- Custom is a source of law-making, one of the oldest.
- With societal progress, legislation and judicial precedents become primary sources.
- Custom's authority stems from continuous use and recognition by the people.
- Customary law is law based on custom.
- Studying custom entails understanding its origin, nature, importance, recognition reasons, classification, theories, differentiation from prescription and usage, and essentials of a valid custom.
Meaning of Custom
- "Custom" originates from the French word "Coustume."
- It's linked to the Latin word "Consuetudo" or "Consuetus," meaning "accustom."
- "Custom" can also be interpreted as the combination of "con" (intensive force) and "suescere" (become accustomed).
- In Hindi, "custom" is comparable to "reeti," "vyavahar," "rasm," or "riwaj."
- Custom is defined as tradition, practice, usage, observance, way, convention, procedure, ceremony, ritual, ordinance, form, formality, fashion, mode, manner, unwritten rule, way of doing things, and formal praxis.
Definitions of Custom
- Salmond: Custom embodies principles of justice and public utility.
- Austin: Custom is a rule of conduct followed spontaneously by governed, not by a political superior.
- Allen: Custom evolves from societal forces of reason, necessity, and suggestion.
- Holland: Custom is a generally observed course of conduct.
- Keeton: Customary law consists of established rules of human action, legally binding, generally followed by society.
- Harprasad v. Shivdayal: A custom in a specific family, district, or sect, through long usage, gains legal force.
- Halsbury Laws: Custom is a particular rule, existing presumptively from immemorial time and considered legally binding in a specific location.
- Herbert Spencer: Customs arise from public opinion (of the living and the dead), guiding conduct.
- Tanistry Case: Custom may arise from people finding an act beneficial and practicing it.
Custom and Usage: Distinction
- Custom and usage differ in authority.
- Customs are binding regardless of parties' consent; usages are binding when not explicitly excluded in an agreement.
- Custom is usually local; usage needn't be.
- Custom is legally binding; usage isn't necessarily so.
- Custom is typically immemorial; usage needn't be.
Custom and Prescription: Distinction
- Custom is long practice as a source of law; prescription is long practice as a source of rights.
- Custom is a generally observed course of conduct; prescription is a person custom.
- Custom affects entire places; prescription is for individuals.
- Prescription is determined by time; custom may be irrespective of time.
Valid Custom: Judicial Tests
- Immemorial Antiquity: Custom must be old and not of recent origin.
- Reasonableness: Custom must be useful and not harmful.
- Morality: Custom should not be immoral.
- Continuity: Custom must have been continually observed.
- Peaceable Enjoyment: Enjoyment without dispute.
- Consistency: Custom cannot violate statutory law.
- Certainty: Clear, defined custom.
- Compulsory Observance: Must be observed as a right.
- Juridical Nature: Must refer to legal relations.
- Public Policy: Custom should not oppose public policy.
Theories Regarding Transformation of Custom into Law
- Historical theory: Custom is inherently law.
- Analytical theory: Custom is a source of law, recognized by legislation and judicial systems.
Classification of Custom
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Custom without sanction: Custom not legally enforced, based on public opinion;
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Custom with sanction: Custom with legal force, either legal or conventional;
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Legal custom: Absolute and unconditional, enforced by courts;
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General/Local custom: general/regional, binding on people specifically.
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Description
This quiz explores the concept of custom as a significant source of law, its origins, and its importance in regulating human behavior. It covers the nature of customary law, its classification, and differentiation from other legal principles. Test your knowledge on the various aspects and implications of custom in legal systems.
