Most of the legal systems have their origins in ancient customs of the nation. Customs could therefore be said to be the oldest source of law. However, in order to gain recognition and enforcement by the courts, the particular custom should have certain characteristics. State and explain these characteristics

Most of the legal systems have their origins in ancient customs of the nation. Customs could therefore be said to be the oldest source of law. However, in order to gain

recognition and enforcement by the courts, the particular custom should have certain characteristics. State and explain these characteristics

ANSWER

1. Reasonableness: a good local custom must be reasonable i.e. consistent with  the  principle of justice.
2. Conformity with statute law: a local custom must be consistent with statute law. This is because parliament is the supreme law making body, hence its law is superior.
3. Observance as of right: a good local custom must have been observed openly and as of rights i.e. not by force or by stealth nor at will.
4. Immemorial antiquity: a local custom must have been observed since time immemorial. Time immemorial means no living person can attest as to when the custom did not exist.