1. Applicability:
- This rule applies when there is a dispute or question about the existence of a right or custom.
- A right can refer to something like a property right, a legal entitlement, etc.
- A custom refers to a traditional or habitual practice that has gained legal recognition in a specific community or context.
2. Relevant Facts:
- The law defines certain facts that become relevant to help determine the existence or validity of the right or custom in question.
3. Categories of Relevant Facts:
The relevant facts are categorized into two types:
(a) Transactions:
- Any transaction that relates to the creation, modification, recognition, or denial of the right or custom is relevant.
- This includes:
- How the right or custom was created (e.g., a contract, grant, or legal agreement).
- If it was claimed or asserted by someone (e.g., someone actively using the right).
- If it was modified or denied by any party.
- If any event or transaction happened that was inconsistent with the existence of the right or custom.
(b) Particular Instances:
- Any specific instances in which the right or custom was:
- Claimed, recognized, or exercised.
- Disputed, asserted, or departed from.
- These specific instances are relevant to prove whether the right or custom was acknowledged or challenged in the past.
4. Illustration:
- Example: If the question is whether A has a right to a fishery (a type of right), the following facts are relevant:
- A deed granting the fishery to A’s ancestors (shows how the right was created).
- A mortgage of the fishery by A’s father (shows the right was claimed and recognized by A’s father).
- A subsequent grant of the fishery by A’s father that contradicts the mortgage (shows inconsistency, and potentially a dispute over the right).
- Instances where A’s father exercised the right (proof of recognition of the right).
- Instances where A’s neighbors stopped the exercise of the right (dispute over the right).
5. Objective:
- The purpose is to gather all the facts and instances that shed light on whether the right or custom existed, was respected, or was contested at different times.
- This helps the court make an informed decision on the validity or existence of the right or custom.