- usage
- A reasonable and lawful public custom in a locality concerning particular transactions which is either known to the parties, or so well established, general, and uniform that they must be presumed to have acted with reference thereto.Practice in fact. Electrical Research Products v. Gross, C.C.A.Alaska, 120 F.2d 301, 305.Uniform practice or course of conduct followed in certain lines of business or professions or some procedure or phase thereof. Turner v. Donovan, 3 Cal. App.2d 485, 39 P.2d 858, 859.Usage cannot be proved by isolated instances, but must be certain, uniform and notorious. Unkovich v. New York Cent. R. Co., 128 N.J.Eq. 377, 16 A.2d 558, 561.Habitual or customary practice which prevails within geographical or sociological area, and is course of conduct based upon series of actual occurrences, and in order to be controlling upon parties to contract, it must be adopted by them, or be well known to parties or to persons in their circumstances. Sam Levitz Furniture Co. v. Safeway Stores, Inc., 10 Ariz.App. 225, 457 P.2d 938, 941.See also custom and usage- trade usage."Custom " 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.It is distinguished from "custom" in that "usage" derives its efficacy from assent of parties to transaction, and hence is important only in consensual agreements, while "custom" derives its efficacy from its adoption into the law, is binding irrespective of any manifestation of assent by parties concerned, and may be of importance in any department of law. Gulf Refining Co. v. Universal Ins. Co., C.C.A.N.Y., 32 F.2d 555, 557.@ fair usageSee fair use doctrine.@ general usageOne which prevails generally throughout the country, or is followed generally by a given profession or trade, and is not local in its nature or observance@ usage of tradeThe prevailing and accepted customs within a particular trade or industry. It is implied that merchants are cognizant of the usage of their trade. A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question.See U.C.C. No. 1-205(2).See also course of dealing@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
