Fact Pattern 13-1
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 13-1.Growers Market contends that the practice in the trade with respect to payment for spoiled produce justifies its refusal to pay. Growers Market is arguing that the court should take into account

Question

Quizplus · Accepted Answer

Growers Market is arguing that the court should consider the usage of trade in determining whether or not they should be liable for payment for the spoiled produce. The usage of trade refers to the customs and practices commonly accepted within the trade or industry in which the parties are operating. The court could consider these customs and practices to determine whether payment for the spoiled produce is warranted.

Fact Pattern 13-1 Farmers Produce, Inc., and Growers Market Enter into a Contract