According to the legal dictionary “A custom is the use of a practice of the people which, by common adoption and acquiescence and by long and immutable habit, has become obligatory, and has acquired the force of a law with respect to the place or object to which it refers." Custom is said to be the oldest source of law development, imitation plays an important role in the growth of custom. In many legal systems custom has played a important role as a source of law. According to Salmond “custom is the embodiment of these principles that have imposed themselves on the national conscience as a principle of justice and unity”. Say no to plagiarism violent should not be prohibited"? Get an original essayWhat are the elements of a custom? AntiquityA custom must have existed since ancient times. A custom must exist before 1189, only in such situations can it produce the situation of antiquity. According to Jayaprakash "according to Hindu law even immemorial customs are transcendent law: however in India a particular year is fixed to test the antiquity of a custom". Peaceful Enjoyment It is important that a custom is enjoyed peacefully by a particular group of people. There must be consistency. A custom must not conflict with other existing customs. The custom must be consistent with other customs. The difference in custom can cause a condition rule in a certain situation. Conformity to state law The custom must comply with state law, a legislative passage can formally revoke a custom. In the event of a conflict between a custom and a statutory law, the former must give way to the latter. It must be a matter or a right It is important to note that custom must be enjoyed as a matter of right. These rights must be enforced. Custom must be the result of the creation of an obligatory force on the one hand and a related demand on the other. Continuity Custom must be practiced without any interference: continuity is an important part of custom. Continuity does not mean that it must be in continuous use, it simply means that there must be a continuous availability of the customary terms to deal with the rule situation in question. Please note: this is just an example. Get a custom paper now from our expert writers. Get a Custom Essay Certainty A custom must be certain. If a custom is not certain it loses its validity. All customs arise from a general consensus, and it becomes difficult to determine the existence of a consensus on anything that is not absolute
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