customary

Legal TerminologyLegal glossary term

Legal Definition

In a legal context, 'customary' refers to a practice or custom that has been long-established and accepted as the standard for a particular action or situation within a jurisdiction or industry. It denotes a long-standing practice that is so ingrained it forms part of the established legal or commercial norm.

Plain-English Translation

Imagine a 'customary' rule, like a long-held custom in a game. It means a way of doing things that has been done over and over, so it's the accepted standard for what to do in a specific situation.

Context in Contracts

It matters because it establishes a baseline for expected behavior or action in legal proceedings or contractual obligations. It helps define what is 'normal' or 'expected' under the established rules of law.

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01

A contract clause stating that the customary method of calculating damages under the agreement.

02

A statute defining a specific procedure as the customary method for executing a certain duty.

Document context

How customary shows up in legal documents

What is it?

A practice or custom that is so established that it is considered the standard or customary rule within a legal system or commercial context. In contract law, it often refers to practices that are long-standing and accepted as the norm.

Why does it matter?

It matters because it establishes a baseline for expected behavior or action in legal proceedings or contractual obligations. It helps define what is 'normal' or 'expected' under the established rules of law.

When does it matter?

When referring to established procedures, long-standing business practices, or accepted norms within a jurisdiction or industry that dictates the standard procedure for an action.

Where is it usually seen?

Usually seen in legal statutes defining procedural requirements, contractual clauses detailing customary obligations, or regulatory frameworks that establish baseline expectations.

Who is affected?

Affected parties include litigants, businesses operating under established procedures, and regulatory bodies whose rules are based on accepted norms.

How does it work?

It works by establishing a precedent; if an action is 'customary,' it means the expected or customary way to perform that action according to the existing legal framework or contractual agreement.

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