Opinion as to usages, tenets, etc., when relevant
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Summary
When the court must decide about a community's usages, the governing rules of a religious or charitable institution, or the local meaning of words, opinions of persons who have special knowledge of those matters are relevant facts. Such opinions may be admitted as evidence to help the court form its view. They assist but do not automatically decide the issue.
Example
Rohan disputes control of a small community trust because the trust's customary rules are unclear. The court asks long-serving trustees and a scholar familiar with local practice for their views. Their opinions are treated as relevant facts to help the court decide who should manage the trust.
Bare Act
Enacted textWhen the Court has to form an opinion as to-
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.
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