Custom Flashcards
1
Q
When can custom be a source of law?
A
It must fulfil several criteria:
- ‘Time Immemorial’ rule
- Reasonable
- Certain and Clear
- Locality
- Continuity
- Exercised as a right
- Consistency
- Obligatory
- Conformity with Statute
2
Q
What is Time Immemorial?
A
Before 6/7/1189 the beginning of Richard I reign. There are exceptions (Prescription Act 1832)
