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In the traditional common-law account of legal custom, which characteristic prevents a practice from…

The traditional requisites include long standing, continuity, peaceful acquiescence and certainty. An uncertain practice fails because its content is insufficiently definite.

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In the traditional common-law account of legal custom, which characteristic prevents a practice from qualifying as a valid custom?

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Correct answer C

The traditional requisites include long standing, continuity, peaceful acquiescence and certainty. An uncertain practice fails because its content is insufficiently definite.

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Option A

Antiquity supports customary validity under the traditional account.

Option B

Continuity supports customary validity under the traditional account.

Option C

Uncertainty prevents the court from determining the content of the claimed custom.

Option D

Peaceful enjoyment supports validity by showing acquiescence in the practice.

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