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.
Section 11 When facts not otherwise relevant become relevant
Section 12 In suits for damages, facts tending to enable Court to determine amount are relevant
Section 13 Facts relevant when right or custom is in question
Section 14 Facts showing existence of state of mind, or of body, or bodily feeling
Section 15 Facts bearing on question whether act was accidental or intentional
Section 16 Existence of course of business when relevant
Section 19 Admissions by persons whose position must be proved as against party to suit
Section 20 Admissions by persons expressly referred to by party to suit