In: Operations Management
what is the difference between "Usage of Trade", "Course of
Performance" and "Course of Dealing"?
Usages of trade- It is a method or practice of
dealing, which has such regularity of observance in a place, trade
as to justify the expectations, how the observance will be with
respect to the transaction in question.
An example could be: The court can decide whether the course of
performance is consistent with the contract for sales or lease of
goods.
Course of performance- it is a sequence of
actions or conduct between the parties and it is related to a
particular transaction. Transactions exist if there are repeated
occasions mentioned in the agreement when a party needs to perform
the conduct, and the other party is aware of the performance and he
is also aware of the opportunities of objection available to him,
accepts the performance of the first party.
An example could be: sometimes the act of any party may be
inconsistent and can say that the express terms of the contract
should predominate over any such inconsistency.
Course of dealing- It is also a sequence of
conduct but not to the current transaction, rather it is concerning
to the previous transaction and it gives a base to refer for any
common understanding, interpretation of expression or conduct for
present transaction.
An example could be: To interpret some ambiguous or unequivocal
expressed terms of the contract and prior interpretation from the
previous transaction can be sought.