This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Contracts/Course of performance: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
en>PraeceptorIP (added Category:Commercial law using HotCat) |
en>PraeceptorIP (removed Category:Commercial law; added Category:United States Commercial law using HotCat) |
||
Line 14: | Line 14: | ||
[[Category:Law]] | [[Category:Law]] | ||
[[Category:Uniform Commercial Code]] | [[Category:Uniform Commercial Code]] | ||
[[Category:Commercial law]] | [[Category:United States Commercial law]] |
Revision as of 17:13, March 1, 2016
The term course of performance is defined in the Uniform Commercial Code as follows:
(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
- (1) the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
- (2) the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
UCC § 1-303(a). "Course of dealing," as defined in [UCC § 1-303] subsection (b), is restricted, literally, to a sequence of conduct between the parties previous to the agreement. A sequence of conduct after or under the agreement, however, is a "course of performance."[1]
References
- ↑ Cmt. 2, UCC § 1-303.