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Part II Related Doctrines, 12 Custom and Usage

From: McMeel on The Construction of Contracts (3rd Edition)

Gerard McMeel

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 January 2023

Construction of contract — Interpretation of contract — Performance of contract — Validity of contract

This chapter examines the role of custom and usage in English contract and commercial law. Traditionally, custom and practice have been trumpeted as a fruitful source of principles and rules in this field. Moreover, evidence, and in particular expert evidence, may be given of custom or usage for either of two purposes: first, as an aid to the construction of the contract, supplying evidence of the commercial background; secondly, as the source of an implied term. The chapter examines the modern developments on supplying evidence. It tackles questions as to whether the expense and formality of expert evidence is appropriate for supplying such factual matrix, as opposed to formal proof of custom.

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