IEA Section 13 — Facts relevant when right or custom is in question

Summary

If a dispute in court involves whether a certain right or custom exists, then two types of facts can be considered. First, any transaction that created, claimed, changed, recognized, asserted, denied, or went against that right or custom. Second, specific examples of when the right or custom was claimed, recognized, exercised, or when its exercise was disputed, asserted, or not followed.

Official Text

Where the question is as to the existence of any right or custom, the following facts are relevant—

any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence;
particular instances in which the right or custom was claimed, recognized, or exercised or in which its exercise was disputed, asserted or departed from.

Old <-> New Code Mapping

• BSA §11 — Facts relevant when right or custom is in question