Most of the legal systems have their origins in ancient customs of the nation. Customs could therefore be said to be the oldest source of law....

      

Most of the legal systems have their origins in ancient customs of the nation. Customs
could therefore be said to be the oldest source of law. However, in order to gain
recognition and enforcement by the courts, the particular custom should have certain
characteristics. State and explain these characteristics.

  

Answers


Maurice
(i) Reasonableness: a good local custom must be reasonable that is, consistent with the
principle of justice.

(ii) Conformity with statute law: a local custom must be consistent with statute law. This
is because parliament is the supreme law making body, hence its law is superior.

(iii) Observance as of right: a good local custom must have been observed openly and as
of rights that is, not by force or by stealth nor at will.

(iv) Immemorial antiquity: a local custom must have been observed since time
immemorial.Time immemorial means no living person can attest as to when the custom did
not exist.
maurice.mutuku answered the question on April 26, 2018 at 07:26


Next: Law is described as a body of rules for guidance of human conduct which is imposed upon and enforced among the citizens of the state. Discuss
Previous: One of the recognized sources of law in a country are the are the Acts of Parliament. Explain the advantages of Acts of Parliament as a...

View More CPA Commercial Law Questions and Answers | Return to Questions Index


Exams With Marking Schemes

Related Questions