This article contains 8 Differences Between Custom and Prescription.
- Meaning: a rule of conduct is obligatory on those within its scope. A valid custom has the force of law. “Custom is to society what law is to the state”. A valid custom must be immemorial antiquity, certain and reasonable.
- Custom is not limited to a restricted period. It is a long practice.
- Custom operates as a source of law.
- Custom touches all branches of human life. Viz. marriage, adoption, business, ceremonies, etc.
- A custom is a genus.
- Custom may be local or Prevail entire country.
- After the death of a grand-father, all the grand-sons and grand-daughters are entitled to devolve the proprieties of a grand-father.
- Coke says:“….and a custom, which is local, is alleged in no person, but laid within some manner or other place”
- Meaning: the vesting of a right by reason of lapse of time. Negative prescription is the divesting of a right by the same process.
- Prescription is limited to a limited period, i.e. 20 years, 30 years, etc.
- Prescription operates as a source of right.
- Prescription operates to the immovable property, viz. way to land, possession on the property for more than prescribed period by statute; right to fishing, right to water, etc.
- The law of prescription is a branch of custom i.e. it is a species of custom.
- Prescription, generally, is limited to a person, group of person, family, etc. it was originally personal custom.
- A-a land owner has certain land. All the villagers use a small extent of his land as the way from time immemorial. It is a prescriptive right of way vested in the villagers.
- Coke says: “In the common law, a prescription which is personal, for the most part applied to persons being made in the name of certain person and of his ancestors, or those whose estate he hath; or in bodies politic or corporate and their predecessors”.