Definition of HABIT


HABIT

A disposition or condition of the body or mind acquired by
custom
or a frequent repetition of the same act. See 2 Mart. Lo. Rep. N. S. 622.


2. The habit of dealing has always an important bearing upon the
construction of commercial contracts. A ratification will be inferred from
the mere habit of dealing between the parties; as, if a broker has been
accustomed to settle losses on policies in a particular manner, without any
objection being made, or with the silent approbation of his principal, and
he should afterward settle other policies in the same manner, to which no
objection should be made within a reasonable time, a just presumption would
arise of an implied ratification; for if the principal did not agree to
such settlement he should have declared his dissent. 2 Bouv. Inst. 1313-14.


Source: Bouviers Law Dictionary 1856 Edition

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