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NeCede's

Maxim 6.3.9

In contracts, matters of custom and usage are tacitly implied.

In contractibus tacite insunt quae sunt moris et consuetudinis.

Source: Story, Bills, s. 143; 3 Kent, Comm. 260n; Broom, Max. 842; Weisman, 24n Difficulty 2/5 — Approachable

Explanation

The parties are presumed to contract with reference to known customs of their trade or locality — these become part of the agreement by implication.

Where this applies

  • The construction industry standard is to pay within 30 days even though our contract doesn't say so.
  • In this area, farmers always deliver by October — even though the contract doesn't specify a date.

Topics

Custom & Usage

Legal domains

commercialcontract

See also

Cite this maxim

NeCede Max. 6.3.9 — In contracts, matters of custom and usage are tacitly implied. — Story, Bills, s. 143; 3 Kent, Comm. 260n; Broom, Max. 842; Weisman, 24n (In contractibus tacite insunt quae sunt moris et consuetudinis.)

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