Custom [fr. Costume, It.; coustume, coutume, Fr.; costumbre, Sp.; consuetudo, Lat.], 'Custom maybe defined to be a law or right not written which being established by long use and consent of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common Law within that place to which it extends although contrary to the General Law of the realm.' If it be universal, it is Common Law; if particular, it is then properly custom. The requisites to make a particular custom good are these: (1) It must have been used so long that the memory of man runs not to the contrary; (2) it must have been continued and (3) peaceable; also (4) reasonable and (5) certain; (6) compulsory, and not left to the option of every person, whether he will use it or not; and (7) consistent with other customs, for one custom cannot be setup in opposition to another; see 1 Bl. Com. 76. Customs are of different kinds, as customs of merchants, customs of a particular parish (as to which see NETS) or manor, etc. If there be an invariable certain and general usage or custom of any particular tradeor place, the law will imply that a party contacting upon a matter to which the same has reference intended to import such usage or custom into his contract. Consult Aske's Custom and the Usages of Trade. See CUSTOM OF THE COUNTRY; USAGE.
A custom, in order to be binding, must derive its force from the fact that by long usage it has obtained the force of law, but the English rule that 'a custom, in order that it may be legal and binding, must have been used so long that the memory of man runneth not to the contrary' should not be strictly applied to Indian condition, Thakur Gokalchand v. Parvin Kumari, AIR 1952 SC 231: (1952) SCR 825.
A custom is a particular rule which has obtained either actually or presumptively from time immemorial in a particular locality and obtained the force of law in the locality, although contrary to, or not consistent with the general common law of the realm, Lockwood v. Wood, (1844) 6 QB 50.