Explain the requirements which local customs should fulfill in order to gain registration and enforcements the courts
ANSWER
Reasonableness: a good local custom must be reasonable to the persons affected it. This is because law is founded on the principle of justice.
- Conformity with statute law: The custom must be consistent with written law. This is because parliament is the supreme law making body and has power to render a particular custom inoperable.
- Observance as of right: the custom must have been observed openly and as of right, i.e. nec vi, nec clam, nec precario. It must be recognized as binding those affected it.
- Immemorial antiquity: the custom must have been observed since time immemorial i.e. for a long time. Time immemorial means no living person can adduce evidence as to when the custom did not exist.