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Which characteristic would undermine a claim that a practice has acquired the force of law as a binding custom?

Question and options

Which characteristic would undermine a claim that a practice has acquired the force of law as a binding custom?

  1. Long-standing observance

  2. A definite and certain practice

  3. Peaceful observance

  4. Inconsistent observance

Answer and explanation

Correct answer: D - Inconsistent observance

Courts look for a definite practice that has been followed consistently for a long time. Inconsistent observance undermines the claim. Peaceful observance can support it.

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