Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 35

Courts will often make use of a relevant established and widely used business custom. For example, silence on the part of one to whom an offer is made usually cannot constitute acceptance of that offer. However, if there has been a history of dealings between persons, or if there is a practice in a particular business or trade, such that silence constitutes acceptance, the court will consider this and decide accordingly. Also, terminology particular to a trade is given its common trade usage in interpretation in a court of law. Business customs also involve something called the “law merchant.” Merchants often need certainty about the rules that would be applied to any dispute by courts in various locations. Thus, a body of law that developed beginning in the Middle Ages continues until today out of business customs, and this set of laws is used by various courts in deciding commercial cases between merchants.