Legal Definitions - usual

The term usual refers to something that is:

• Ordinary or Customary: What is commonly done, observed, or accepted as standard practice.
• Expected: What is anticipated to happen based on prior experiences, established patterns, or prevailing norms.

Here are some examples to illustrate the meaning of usual:

• Example 1: Business Transactions

  Imagine a small business that regularly orders office supplies from a particular vendor. Over time, the vendor consistently delivers the supplies within three business days of receiving an order. If, one week, the delivery takes eight business days, the business owner might inquire, "This isn't the usual delivery time; has something changed?"

  Explanation: In this context, "usual" refers to the expected delivery timeframe based on the consistent, customary experience with that specific vendor. It highlights what is ordinary and anticipated in their ongoing business relationship.

• Example 2: Contractual Terms

  A construction contract might state that payment will be made according to the "usual progress payment schedule for projects of this scope." If the contract doesn't detail the exact percentages and milestones, both parties would understand that they should follow the standard payment structure commonly used in the construction industry for similar projects.

  Explanation: Here, "usual" refers to the customary or ordinary practices within a specific industry. It implies an expected standard or norm that is widely recognized and applied, even if not explicitly detailed in every contract.

• Example 3: Professional Conduct

  In a legal dispute involving a financial advisor, a court might examine whether the advisor acted with the "usual care and diligence" expected of professionals in that field. This means assessing whether the advisor's actions met the ordinary, customary, and expected standards of conduct that a reasonably prudent financial advisor would demonstrate under similar circumstances.

  Explanation: This example illustrates "usual" as the expected level of performance or behavior based on established professional standards and what is commonly observed and accepted within a particular profession.