Case Law Determination Guide

Summary

The applicable law is determined based on the specific circumstances of each case, assessed individually. There should be no presumption as to whether common law or customary law applies. Each situation is evaluated on its unique facts to decide which legal framework is appropriate.

Full Conversation

Does this make sense It stated that there should be no presumption as to whether common law or customary law should apply, as the applicable law will be determined based on the specific circumstances of each case, assessed on a case-to-case basis
Yes, it makes sense. The statement essentially means that when determining which law (common law or customary law) applies to a situation, there should be no initial assumption. It will depend on the unique circumstances of each case, assessed individually.
Is there a specific legal issue you're dealing with that you need help with?