- custom
- Term generally implies habitual practice or course of action that characteristically is repeated in like circumstances. Jones v. City of Chicago, C.A.7 111., 787 F.2d 200, 204.See also@ custom and usageA usage or practice of the people, which, by common adoption and acquiescence, and by long and unvarying habit, has become compulsory, and has acquired the force of a law with respect to the place or subject-matter to which it relates. It results from a long series of actions, constantly repeated, which have, by such repetition and by uninterrupted acquiescence, acquired the force of a tacit and common consent. Louisville & N. R. Co. v. Reverman, 243 Ky. 702, 49 S.W.2d 558, 560.An habitual or customary practice, more or less widespread, which prevails within a geographical or sociological area; usage is a course of conduct based on a series of actual occurrences. CorbinDykes Elec. Co. v. Burr, 18 Ariz.App. 101, 500 P.2d 632, 634. Parol evidence rule does not bar evidence of custom or usage to explain or supplement a contract or memorandum of the parties. U.C.C. No. 2-203@ClassificationCustoms are general, local or particular.General customs are such as prevail throughout a country and become the law of that country, and their existence is to be determined by the court. Or as applied to usages of trade and business, a general custom is one that is followed in all cases by all persons in the same business in the same territory, and which has been so long established that persons sought to be charged thereby, and all others living in the vicinity, may be presumed to have known of it and to have acted upon it as they had occasion.Local customs are such as prevail only in some particular district or locality, or in some city, county, or town.Particular customs are nearly the same, being such as affect only the inhabitants of some particular district.@ general customsGeneral customs are such as prevail throughout a country and become the law of that country, and their existence is to be determined by the court. Or as applied to usages of trade and business, a general custom is one that is followed in all cases by all persons in the same business in the same territory, and which has been so long established that persons sought to be charged thereby, and all others living in the vicinity, may be presumed to have known of it and to have acted upon it as they had occasion.@ local customsLocal customs are such as prevail only in some particular district or locality, or in some city, county, or town.@ particular customsParticular customs are nearly the same, being such as affect only the inhabitants of some particular district.@Usage distinguished."Usage" is a repetition of acts, and differs from "custom" in that the latter is the law or general rule which arises from such repetition; while there may be usage without custom, there cannot be a custom without a usage accompanying or preceding it. U. S. for Use of E & R Const. Co., Inc. v. Guy H. James Const. Co., D.C.Tenn., 390 F.Supp. 1193, 1209.See also usage
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
