Course of Dealing, Usage of Trade, Course of Performance effect on Extrinsic Evidence Flashcards
1
Q
8 ways to determine the meaning of a contract term from the Chicken case
A
1) Plain Meaning- often from a dictionary
2) Language of the contract
3) Preliminary Negotiations
4) Trade Usage, Course of performance, Course of Dealings
5) Maxims
6) Regulations
7) Economic Terms
8) Incorporation by Reference- Incorporating another document into a contract by stating that it is included.
2
Q
Does the UCC have to apply to every contract?
A
No, but unless the parties specifically and carefully negate it or remove it within the contract the UCC and the usage of trade will always automatically apply.
