Custom and Usage

Pronunciation: KUS-tum and YOO-sij

Torts › Breach

Definition

Evidence of industry custom and standard practices relevant to determining breach but not conclusive. Compliance with custom does not automatically establish reasonable care. Entire industry can be negligent. Custom is evidence of reasonable care but jury determines ultimate standard.

Related terms

• Reasonable Person Standard — An objective standard used to determine whether a defendant's conduct breached the duty of care. It asks what…
• Breach of Duty — The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care.…

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