Usage, course of dealing, and course of performance under the UCC
Next Generation Bar Exam · Flashcards
NEXT GENERATION BAR EXAM · FLASHCARDS
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QUESTION
Under the UCC, what may usage of trade do beyond interpreting express terms?
QUESTION
Under UCC 1-303, which usage may be used to interpret the part of an agreement performed in a particular place?
QUESTION
Under UCC 1-303(c), how are the existence and scope of a usage of trade proved?
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ANSWER
As facts, unless the usage is in a written trade code, which the court interprets. The proponent must prove that the practice is regularly observed in the relevant place or trade.