The Presumption In Favor of Trade Usage

Where there is trade usage relevant to the interpretation of a term in a particular contract, the presumption is to interpret that term in accord with the trade usage.

Berwick & Smith Co. v. Salem Press, Inc. illustrates the point. The plaintiff, a book printing and binding company, entered a contract with the defendant to produce 5000 copies of the two-volume work for $0.561 per "copy." The court found that the use of the word "copy" was ambiguous. It could mean a single volume or a two-volume set. However, the court also found that there was evidence that that the trade usage of "copy" in a price quote was to mean a single volume.

Question - Assuming that such a trade usage exists, there is...

a presumption in favor of interpreting "copy" to mean a single volume.

no presumption in favor of interpreting "copy" to mean a single volume.