Usage, course of dealing, and course of performance
Bar Exam · Flashcards · Recall
BAR EXAM · FLASHCARDS
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QUESTION
When is a party bound by a usage of trade it did not actually know?
QUESTION
What is a course of performance?
QUESTION
Who decides whether a usage of trade exists and what it requires?
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ANSWER
The trier of fact. Existence and scope of a usage are questions of fact proved by evidence.
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