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Which of the following statements is/are correct in regard to a valid custom ?
Which of the following statements is/are correct in regard to a valid custom ? (a) The custom has to possess a sufficient measure of antiquity. (b) The custom must have been enjoyed 'as of right'. (c) The custom need not to be consistent with other custom in the same area. (d) The custom must be certain and precise. Code :
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Eduncle Best Answer
Essentials of a valid custom can, broadly, be classified into – Formative Essentials and Operative Essentials. Antiquity, Uniformity/Continuity, Certainty and Conscious acceptance as of right, etc. are the essential formative elements of a valid custom. Custom possessing these elements is prima facia valid though it may be unenforceable if it is unreasonable, opposed to morality, public policy, express enactments of legislature and for want of proof; all these are invalidating elements. Therefore, in order to be valid, a custom must be reasonable, should not be opposed to morality, public policy, express enactments of legislature and must be strictly proved. All these are operative elements. Hence, in order to be valid custom must possess all the formative as well as operative elements.