Legal Definitions - local usage

Local usage refers to a well-established and commonly accepted custom or practice that is prevalent within a specific geographic area, industry, or community. These unwritten but widely understood practices can be legally relevant when parties enter into agreements or conduct business within such a context.

Courts may consider local usage to interpret the terms of a contract, understand the intentions of the parties, or determine the standard of care expected, especially when a written agreement is ambiguous or silent on a particular matter. It essentially helps to fill in the gaps in an agreement based on what is typically done and expected in that specific locale.

• Example 1: Construction Standards

  In a particular mountain town known for heavy snowfall, it is a long-standing local usage for general contractors to install roofs with a minimum pitch of 6/12 (meaning a rise of 6 inches for every 12 inches of horizontal run) on all new residential construction, even if the building code allows for a lower pitch. This practice is due to the historical necessity of preventing snow accumulation and ice damming.

  Explanation: This illustrates local usage because the specific roofing pitch is an unwritten but widely accepted standard practice within that particular mountain town's construction industry. If a homeowner contracts for a new roof in that town and the contract is silent on the pitch, a court might interpret the agreement as implicitly requiring the locally customary 6/12 pitch, based on the prevailing local usage.

• Example 2: Agricultural Trade Practices

  Farmers and produce buyers in a specific agricultural region have a local usage where a "crate" of strawberries always refers to a specific weight of 12 pounds, regardless of the physical dimensions of the container, due to historical market practices for pricing and transport in that area.

  Explanation: This demonstrates local usage because the definition of "crate" is modified by a specific, long-standing practice within that agricultural region. If a contract for the sale of strawberries uses the term "crates" without further clarification, a court would likely refer to this local usage to determine the actual quantity (12 pounds per crate) intended by the parties.

• Example 3: Professional Service Guarantees

  In a certain metropolitan area, it is a local usage among reputable landscaping companies to provide a one-year guarantee on the survival of newly planted trees and shrubs, provided the client follows basic care instructions. This guarantee is often honored even if not explicitly detailed in every written service agreement.

  Explanation: This shows local usage because the one-year plant survival guarantee is an unwritten but widely accepted practice within the landscaping industry in that specific metropolitan area. If a client's newly planted tree dies within the year and the service agreement is silent on guarantees, a court might look to this local usage to determine the landscaping company's implied obligations.