Characteristics of customs that gain recognition and enforcement by the courts

Reasonableness: a good local custom must be reasonable i.e. consistent with the principle of justice.
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.
Observance as of right: a good local custom must have been observed openly and as of rights i.e. not by force or by stealth nor at will.
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.

CPA Revision kits and past papers with answers

(Visited 49 times, 1 visits today)
Share this:

Written by 

Leave a Reply

Your email address will not be published. Required fields are marked *