Certain practices in an industry or in a business relationship may be so obvious and pervasive that they are not included in contracts, but can be introduced into court. What are these? a. Prior dealing, course of performance, and sales brochures. b. Course of performance, usage of trade, and prior dealing. c. Usage of trade, prior dealing, and metrics usage.

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Business

Hunter

27 April, 11:12

Certain practices in an industry or in a business relationship may be so obvious and pervasive that they are not included in contracts, but can be introduced into court. What are these? a. Prior dealing, course of performance, and sales brochures. b. Course of performance, usage of trade, and prior dealing. c. Usage of trade, prior dealing, and metrics usage.

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Gentry · Answer 1

B) Course of performance, usage of trade, and prior dealing (or course of dealing).

Explanation:

UCC § 1-303 states that course of performance, course of dealing, and usage of trade can be used in court even if not included in the contract.

Course of performance refers to the sequence of conducts between the parties involved in a contract. If the contract includes transactions that have been repeatedly carried out by the parties, and the other party accepted those transactions before without objection. Course of dealing (or prior dealing) refers to a sequence of conducts between the parties where that established a common basis of understanding of the other party's conduct. Usage of trade refers to conducts that are common and regularly carried out in the trade such that they are expected to be carried out in this transaction.

Raquel · Answer 2

Answer: The correct answer is " b. Course of performance, usage of trade, and prior dealing.".

Explanation: This derives from the parol evidence rule, which is a rule by which prior agreements that contradict the contract are not received as evidence.

But this one has exceptions such as course of performance, usage of trade, and prior dealing.