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Home » Law Dictionary » U » USAGE

USAGE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Long and uniform practice. In its most extensive meaning this term includes custom and prescription, though it differs from them in a narrower sense, it is applied to the habits, modes, and course of dealing which are observed in trade generally, as to all mercantile transactions, or to some particular branches of trade. 2. Usage of trade does not require to be immemorial to establish it; if it be known, certain, uniform, reasonable, and not contrary to law, it is sufficient. But evidence of a few instances that such a thing has been done does not establish a usage. 3. The usages of trade afford ground upon which a proper construction may be given to contracts. By their aid the indeterminate intention of parties and the nature and extent of their contracts arising from mere implications or presumptions, and act of an equivocal character may be ascertained; and the meaning of words and doubtful expressions may become known.

Law Dictionary – Alternative Legal Definition

Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be effected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general, and uniform that they must be pre-sumed to have acted with reference thereto. This word, as used in English law, differs from “custom” and “prescription,” in that no man may claim a rent common or other inheritance by usage, though he may by prescription. Moveover. a usage is local in all cases, and must be proved; whereas, a custom is frequently general, and as such is noticed without proof. “Usage,” in French law, is the “usus” of Roman law, and corresponds very nearly to the tenancy at will or on sufferance of English law. Brown. “Usage,” in its most extensive meaning, in-cludes both custom and prescription; but, in its narrower signification, the term refers to a general habit, mode, or course of procedure. A usage differs from a custom, In that it does not require that the usage should be immemorial to establish it; but the usage must be known, certain, uniform, reasonable, and not contrary to law. Lowry v. Read, 3 Brewst. (Pa.) 452. “Usage” is also called a “custom,” though the latter word has also another signification; it is a long and uniform practice; applied to habits, modes, and courses of dealing. It relates to modes of action, and does not comprehend the mere adoption of certain peculiar doctrines or rules of law. Dickinson v. Gay, 7 Allen (Mass.) 29, 83 Am. Dec. 656. General usage. One 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 trade. A course of dealing; a mode of conducting transactions of a particular kind, proved by witnesses testifying of its existence, and uniformity from their knowledge obtained by observation of what is practiced by themselves and others in the trade to which it relates.

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