Custom:

Custom means a way of behaving or a belief that has been established

for a long time.
In other words, Custom means a traditional and widely accepted way of
behaving or doing something that is specific to a particular society, place
or time.
According to Salmond, “Custom is the embodiment of those principals,
which have command themselves to the national conscience as
principals of Justice and public utility.”
Austin suggested that custom is a rule of conduct, which the governed
observed spontaneously1 and not in pursuance of law settled by a
political superior.
Prof. Keeton defines custom as those rules of human action, established
by usage and regarded as legal binding by those to whom the rules are
applicable, which is adopted by court and applied as a source of law
because they generally followed by the political society as a whole or by
some part of it.
Classification of Custom:

Custom 1. Legal i. Local Custom

Custom
ii. Genarel Custom

2.
Comventional
Custom

1. Legal Custom:

Legal customs operate as a binding rule of law.

(a) General Custom:

General custom are those customs that prevail through of the
state.
According to Keeton, a general custom must satisfy certain
conditions if it is to be a source of law
i. It must not only be reasonable but also be followed and
accepted as binding.
ii. It must be existence from the times immemorial and
should not be in conflict with the statute law of the
country.
 iii. It should also not be contrary to the common law of the
land.
(b) Local Custom:
A local custom is that which prevails in some defined
locality, that is, to a district, or a town.
Local Customs may have two classes
i. Geological local and
ii. Personal local custom

2. Conventional Customs:

Conventional customs are those customs, which governs the

parties to as agreement.
Parties, sometimes, expressly and sometimes impliedly agree to
them.

Conventional customs are two types 1. General 2. Local

Local conventional customs are limited either to a particular place
or market or to a particular trade or transaction.

There are some conditions, which must be satisfied before a court

treats the conventional customs as incorporated in a contract.
1. It must be shown that convention is clearly established and it is
fully known.
2. Conventions cannot alter the general law of land.
3. They must be reasonable. The main function of these
conventions is to throw light only on such rights and liabilities
of the parties on which the contract is silent.

Binding Force of Custom:

If these customs gain widespread acceptance, they acquire legal
character. On violation of these customs, adequate penalty is incurred by
the violator as per the statute that governs the particular custom.
Custom is the embodiment of those principals which have commended
themselves to the national conscience as principals of truth, justice and
public policy.
Custom is that the existence of an established usage is the basis of a
rational expectation of its continuance in the future.
Valid Custom:
1. Antiquity: A custom to be recognised as law must be proven to
be in existence from time immemorial, time where of the memory
of man rennet not to the contrary.
2. Continuance: A custom must have been practiced continuously.
3. Peaceable Enjoyment: The Custom must have been enjoyed
peacefully.
4. Obligatory Force:(stage of opinion juris) It Must have been
supported by the general public opinion and enjoyed as a matter of
right and if practice was maintained by stealth or by something of
that short.
5. Certainty: A valid custom must be certain and definite. A
custom which is vague or indefinite cannot be recognized.
6. Consistency: There must be consistency among the Customs. A
custom should necessarily yield where it conflicts with a statutory
law.
7. Reasonableness: A custom must be reasonable and useful and
convenient to the society. If anyone challenges a custom the court
will track back to the time of its origin.
8. Public Policy: A valid custom should not be opposed to public
policy or the principals of morality
9. General & Universal: In the absence of uniformity opinion,
customs become powerless or rather does not exist.
10. Conformity with Statute Law: A valid custom not
conflict with the statue law of the country.