Lawgist13Facts relevant when right or custom is in question
Where the question is as to the existence of any right or custom, the following facts are relevant: --
(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations
The question is, whether A has a right to a fishery.
A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by As neighbours, are relevant facts.
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- 5 Evidence may be given of facts in issue and relevant facts
- 6 Relevancy of facts forming part of same transaction
- 7 Facts which are the occasion, cause or effect of facts in issue
- 8 Motive, preparation and previous or subsequent conduct
- 9 Facts necessary to explain or introduce relevant facts
- 10 Things said or done by conspirator in reference to common design
- 11 When facts not otherwise relevant become relevant
- 12 In suits for damages, facts tending to enable Court to determine amount are relevant
- 13 Facts relevant when right or custom is in question
- 14 Facts showing existence of state of mind, or of body, or bodily feeling
- 15 Facts bearing on question whether act was accidental or intentional
- 16 Existence of course of business when relevant
