Custom

Question 1

What is a custom?

Answer 1

• it is a primary source of law which is fixed, unwritten practices in accordance with the way people live because they regard it as law.

Question 2

Requirements of a custom?

Answer 2

• Van Breda v Jacobs

- reasonable, immemorial, uniformly observed, certain

Question 3

Status of customs

Answer 3

• they are primary sources of law but do not have major influence in such.
• one a custom has been proven and established, there’s no need to establish it again due to its binding nature.
• a custom may be abrogated due to disuse.