Custom in contract law

Custom in contract law

 An established practice of a particular trade or market. Where a custom is well known, it will be incorporated (implied) into any contract unless the parties to the contract specifically agree to exclude it.

For example, if in a market the normal practice is payment in cash when goods are delivered, then a court will assume that when two market traders make a contract they intend that this will apply whether they have discussed it or not. See also implied terms .