Custom

Question 1

When can custom be a source of law?

Answer 1

It must fulfil several criteria:

• ‘Time Immemorial’ rule
• Reasonable
• Certain and Clear
• Locality
• Continuity
• Exercised as a right
• Consistency
• Obligatory
• Conformity with Statute

Question 2

What is Time Immemorial?

Answer 2

Before 6/7/1189 the beginning of Richard I reign. There are exceptions (Prescription Act 1832)