单词 | Trade usage |
释义 | 商業用途 1. Usual behaviour employed by those in business. 2. An implied term as to notorious and reasonable usages and customs of the trade. An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a contract of sale by usage: Sale of Goods Ordinance (Cap 26) s 16(4). For a trade usage to be proved, it must be established that the usage is notorious, certain and reasonable and that it must not offend against the intention of any legislation: Eggar, Forrester Offshore Ltd v Hong Kong United Dockyards Ltd [1987] 1 HKC 319 (HC). The assured is entitled to assume that the insurer is acquainted with the general usage of the trade to which the insured adventure relates, and therefore need not communicate to the insurer facts as to that usage: Marine Insurance Ordinance (Cap 329) s 18(3)(b). See also Antitrust. |
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