Contracts/Course of performance: Difference between revisions
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:(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.</blockquote> | :(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.</blockquote> | ||
[https://www.law.cornell.edu/ucc/1/1-303 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]]."<ref>Cmt. 2, UCC § 1-303.</ref> | [https://www.law.cornell.edu/ucc/1/1-303 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]]."<ref>Cmt. 2, UCC § 1-303.</ref> | ||
==References== | ==References== | ||
{{Reflist}} | {{Reflist}} | ||
Revision as of 15:00, February 26, 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.
