Because a party is never successful in litigation where reliance is made on trade customs to imply a term into a contract, the more prudent course is to ensure that all important terms are explicitly recited.

Question

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Trade customs can be used to imply terms into a contract if they are well-known, certain, and reasonable, and both parties are aware of them. However, it is generally more prudent to explicitly state important terms to avoid ambiguity.

Because a Party Is Never Successful in Litigation Where Reliance