Difference between revisions of "Custom"

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#redirect [[customs]]
To be a source of law, a local '''custom''' had to meet certain criteria. <br>
 
It had to be
 
* clear, certain, and consistent
 
* reasonable
 
* obligatory and exercised as of right
 
* geographically local
 
* in conformity with any applicable [[statute]]s (otherwise these overrode the custom)
 
* continuously held since "time immemorial"
 
 
'''Time immemorial''', ''per se'', meant a time antedating any legal history. However, for clarity, this was taken by reference to a particular voyage of the [[King]] of [[England]] to [[France]]. In 1275/6, again to avoid compication, this was finally fixed to have been at the beginning of the reign of [[Richard I]] in 1189. <br>
 
This had the additional effect that a claimed custom could thereafter be defeated simply by showing that its exercise would hve been impossible at that time -- for example a claimed customary right of grazing on land which, on enquiry, proved to have been underwater at or since 1189.
 

Latest revision as of 12:35, 13 October 2004

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