trade usage

In the area of implied terms, the case is an oft-cited authority on trade usage.

To put the position at its lowest, the evidence required to establish a trade usage must be clear, convincing and consistent.

Other terms may be implied by trade usage.

The terms were devised in recognition of non-uniform standard trade usages between various States.

It does not need to be a trade usage, and may be upheld on what amount to commonsense or market practice grounds.

These terms derive from the common law, from trade usage or customs, and from statute.

The judgment went against him, the court finding that there was a trade usage whereby wool sales agents were entitled to charge commission.

Trade usages do not apply to a particular space; they develop in a particular profession or trade.

The judgment of Corbett JA established the requirements for a trade usage.

A trade usage will be imported if it is widely known and followed, and is sufficiently certain, binding and reasonable.

It is rare for usage which is in the form of the exchange's actual rules, as distinct from other trade usage, to be considered unreasonable.

As might be expected, custom (in the form of trade usage) plays a greater role in commercial law than it does in civil law generally.

Fotoplate's defence was that the contract was subject to a trade usage which in the circumstances absolved it from liability.

Terms may be implied into the rules from the conduct of the parties, the nature of the rules themselves, business efficacy, trade usage, or a previous course of dealing.

Should the contract say nothing specific in this regard, the obligation must be established in terms of the previous course of dealings between the parties, or by relevant trade usage.

Terms implied ex lege, or by operation of law, may derive from the common law (as developed by the courts), from trade usage or custom, or from statute.

If, therefore, the parties are engaged in a particular trade and know that there is a trade usage governing their transaction, they are taken to have tacitly incorporated it into their contract.

(b) Goods sold by description and reliance If the description has a special trade usage, the goods may have to comply with the specialised meaning if this is part of the contractual intention.

A trade usage that had changed since the rule was originally written might not be sufficient to alter the rule directly, but would change the factual matrix within which the rule was to be construed.

A magistrate's court having granted absolution from the instance, on appeal the Cape Provincial Division held that Fotoplate had failed to discharge the onus of establishing a trade usage to absolve it from liability for breach of contract.

Whereas a course of dealing can incorporate a term that has in effect become customary between the two parties in question, trade usage can incorporate a term that has become a custom amongst all the buyers and sellers dealing in the environment in question.