The custom of the place where the action is brought must be observed.

Explanation

Local custom governs where it is established — courts apply the usage of the place where the matter arises, not the customs of a foreign jurisdiction.

Where this applies

• A commercial dispute arises over a handshake deal made at a Texas cattle auction, and the court applies the local custom of the Texas livestock trade rather than the customs of a different state.
• A fishing rights case in Maine is decided under the longstanding local customs of Maine's coastal communities, not the customs of a landlocked state.
• A construction defect case in New York is resolved by reference to the building practices customary in New York City, not those of a rural jurisdiction, because the custom of the place where the action is brought controls.

See also

• 1.3.1 Custom is the best interpreter of the law.