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Course of dealing: Difference between revisions
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Amwelladmin (talk | contribs) (Created page with "{{g}} {{Course of dealing vs waiver}} Paragraph 1-303 of the Uniform Commercial Code provides :[...] :''(d) A course of performance or course of dealing between the...") |
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:''(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable: (1) express terms prevail over course of performance, [[course of dealing]], and usage of trade; (2) course of performance prevails over [[course of dealing]] and usage of trade; and (3) [[course of dealing]] prevails over usage of trade.'' | :''(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable: (1) express terms prevail over course of performance, [[course of dealing]], and usage of trade; (2) course of performance prevails over [[course of dealing]] and usage of trade; and (3) [[course of dealing]] prevails over usage of trade.'' | ||
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*[[Contract]] | |||
*[[Parol evidence]] rule | |||
*[[Waiver by estoppel]] | |||
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