Sources of English Law ( Custom )

Question 1

What is custom?

Answer 1

A custom can relate to a area or a trade or commercial practice, for a local custom to be legally enforceable it must be confined to a particular area and have been in existence since ‘time immemorial’.

Question 2

What is time immemorial?

Answer 2

Since 1189, the beginning of King Richard I reign.

Question 3

What is a good example of custom?

Answer 3

NEW WINDSOR CORPORATION V MELLOR 1974. The local authority was prevented from building on land as the local people could prove there was a custom of using the land for sport.

Question 4

Is custom a major source of English law?

Answer 4

No it is only a very minor source of the English law.