Fact Pattern 17-1 Farmers Produce, Inc., and Growers Market enter into a contract for the delivery of locally grown fruits and vegetables. The parties use a standard Farmers Produce form that contains some of the terms the parties agree on but not others. Some of the produce spoils before it can be cooked, served, and eaten, or sold. Growers Market refuses to pay for the spoiled goods.
Refer to Fact Pattern 17-1. Farmers Produce responds that it has never waived payment for spoiled goods in the past. Farmers Produce is arguing that the court should take into account
A) the course of dealing.
B) the course of performance.
C) the usage of trade.
D) none of the choices.

Question

Quizplus · Accepted Answer

Farmers Produce is arguing that the court should consider the "course of dealing," which refers to the history of previous conduct between the parties that establishes a common basis for understanding their agreement.