Question

Which of the following is not a character of a valid custom

• A. Antiquity
• B. Reasonableness
• C. Consistency
• D. Opposed to morality

Hint:

The essentials of a valid custom include: 1. Antiquity 2. Continuity 3. Reasonableness 4. Conformity with statute and morality.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify which of the given options is NOT a characteristic of a valid custom.

Step 2: Key Concepts and Approach:
Custom is a major historical source of law. For a custom to be legally binding, it must satisfy several essential legal requirements.
We must evaluate each option against these established legal tests.

Step 3: Detailed Explanation:

• Antiquity: A valid custom must be ancient, meaning it has been practiced since time immemorial (antiquity). Thus, Option A is a valid characteristic.

• Reasonableness: A custom must conform to reason and common sense. If a custom is absurd or harmful, courts will not recognize it. Thus, Option B is a valid characteristic.

• Consistency: A custom must be consistent with other established customs and existing statutes. Thus, Option C is a valid characteristic.

• Conformity with Morality: A valid custom must NOT be immoral or opposed to public policy. If a custom is opposed to morality, it is legally invalid. Therefore, "opposed to morality" is NOT a characteristic of a *valid* custom.

Step 4: Final Answer:
Since a valid custom must conform to morality, being "opposed to morality" makes it invalid. Therefore, Option D is the correct answer.