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In determining the meaning of a contract under the UCC, which of the following will have...

In determining the meaning of a contract under the UCC, which of the following will have first priority?

A. Course of Performance

B. Course of Dealing

C. Usage of Trade

D. Express Terms

Solutions

Expert Solution

Answer:

In determining the meaning of a contract under the UCC, which of the following will have first priority ?

Ans.: D. Express Terms.

In the contract under the UCC course of performance refers to the way that conduct in performing the particular contract at hand. It is sequence of conduct between the parties.

Course of dealing is sequence of conduct of transaction between the parties.

A usage of trade is a method of dealing of observe in a place or vocation.

Course of performance, course of dealing and trade usage must be admit in a court, there is a complete contract with express terms.

So that, express terms is an agreement and it is applicable to the course of performance, course of dealing and usage of trade. It should be reasonable consistent with each other. If it is unreasonable that express terms succeed above course of performance, course of dealing and usage of trade. So that, contract under the UCC, Express terms will have first priority.  

  

ekkarill92 answered 1 month ago
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