custom

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 usage
A 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
@
Classification
Customs 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 customs
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
Local customs are such as prevail only in some particular district or locality, or in some city, county, or town.
@ particular customs
Particular 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. . 1990.

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Synonyms:

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  • custom — cus·tom n 1: a practice common to many or to a particular place or institution; esp: a long established practice that is generally recognized as having the force of law see also section 1983 compare usage 2 pl …   Law dictionary

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  • custom — [ kɶstɔm ] n. m. • v. 1974; d apr. l angl. amér. custom motorcycle « moto sur mesure » ♦ Anglic. Véhicule de série (voiture, moto) personnalisé par des spécialistes. Des customs ou des custom. ● custom nom masculin (mot américain) Automobile ou… …   Encyclopédie Universelle

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  • Custom — Cus tom (k[u^]s t[u^]m), n. [OF. custume, costume, Anglo Norman coustome, F. coutume, fr. (assumed) LL. consuetumen custom, habit, fr. L. consuetudo, dinis, fr. consuescere to accustom, verb inchoative fr. consuere to be accustomed; con + suere… …   The Collaborative International Dictionary of English

  • Custom — may refer to: Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom Customization (disambiguation), anything made or modified to personal taste Custom (law) or… …   Wikipedia

  • custom- — [kʌstəm] prefix custom made/custom built/custom designed etc made, built etc for a particular person ▪ He always wore custom made suits ▪ custom ordered vehicles …   Dictionary of contemporary English

  • custom- — [kʌstəm] prefix custom made/custom built/custom designed etc made, built etc for a particular person ▪ He always wore custom made suits ▪ custom ordered vehicles …   Dictionary of contemporary English

  • Custom — Cus tom, n. [OF. coustume, F. coutume, tax, i. e., the usual tax. See 1st {Custom}.] 1. The customary toll, tax, or tribute. [1913 Webster] Render, therefore, to all their dues: tribute to whom tribute is due; custom to whom custom. Rom. xiii. 7 …   The Collaborative International Dictionary of English

  • custom — /ˈkastom, ingl. ˈkʌstəm/ [vc. ingl., accorc. di custom made, custom built «fatto su misura»] agg. inv. fatto su misura, personalizzato …   Sinonimi e Contrari. Terza edizione

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