CT · jury_instructions
Conn. Civ. Jury Instr. 4.2-10
Implied Term: Custom in the Industry/Usage of Trade
The plaintiff claims that <insert term> should be implied in the contract because it is a (custom
in the industry / usage of trade). The defendant denies this.
To establish this claim, the plaintiff has the burden to prove by a preponderance of the evidence
the following facts:
1) that <insert term> was a (custom in the industry / usage of trade);
2) that each party knew or had reason to know of the (custom / usage); and
3) that neither party knew or had reason to know that the other party had
intentions inconsistent with that (custom / usage).
If the plaintiff has established this claim, then you should consider the (custom / usage) to be a
term of the contract, just as though the contract stated it expressly.
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
0e3fceea7ff2ec3221a0f8ef82ec069a076094eab2e1beaa2c48d6072e23dd01
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