Custom

Custom consists of the rules of human conduct established by usage and regarded as legally binding by courts because of being immemorial and generally practiced by the people.

Kinds of Custom:

• Legal Custom — itself possesses the force of law; divided into:

- Local Custom: refers to immemorial custom having the force of law in a particular locality.

- General Custom: prevails throughout the country.

• Conventional Custom: Consists of rules agreed to by states/persons for the regulation of their conduct towards each other. Agreement is a juridical fact having two aspects, capable of being viewed from two points of view — both a source of legal rights and a source of law.The conventional law is a fifth and last form of the special law.

           Legal custom and conventional customs have the force of law.

As per Sir John Salmond, the reasons for attributing to custom the force of law include that custom embodies principles which have commended themselves to the national conscience as being: Justice, Public utility, and Truths (NOT 'Myths').