IEA Section 48 — Opinion as to existence of right or custom, when relevant

Summary

When a court needs to decide whether a general custom or right exists, it can consider the opinions of people who would likely know about that custom or right if it actually existed. This means the court may rely on what knowledgeable individuals say about the custom or right, even if they are not directly involved in the case.

Official Text

When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.

Old <-> New Code Mapping

• BSA §42 — Opinion as to existence of general custom or right, when relevant