Trade usage : still law made by merchants for merchants

Coetzee, Juana (2016-03)

CITATION: Coetzee, J. 2016. Trade usage : still law made by merchants for merchants. SA Mercantile Law Journal 28(1):85-111.

The original publication is available at https://journals.co.za/content/journal/jlc_samlj

Article

INTRODUCTION: Trade usage has always played an important role in the legal regulation of international sales. For example, trade usage is used to define the concept of reasonable time in which the buyer or seller has to take certain actions as required by the substantive law, to determine whether formalities are required for contract formation, whether an offer can be accepted through silence or conduct, a contract concluded where the goods or price is not certain or ascertainable, the price or time of payment revised after conclusion, or whether interest can be claimed in cases where there is no contractual agreement in this respect.

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