The power and authority constitutionally conferred upon (or constitutionally recognised as existing in) a court or judge to pronounce the sentence of law, or award the remedies provided by the law, upon a state of facts, proved or admitted, referred to the court or tribunal for decision, and authorised by the law to be the subject of investigation or action by that court or tribunal, and in favour of or against persons who present themselves, or who are brought, before the court or tribunal in some manner sanctioned by law as proper and sufficient.

A clearly recognisable pattern of previous conduct between parties to a business transaction. Where such conduct becomes the subject of litigation, a court will examine what the parties intended when they entered into the contract. The supposition will be that the parties drew up the contract taking into account the customary manner in which business has previously been transacted prior to signing the contract, and that customary behaviour, or course of dealing, will be highly relevant to ascertaining the intentions of the parties.