When the express terms of a contract and the past course of dealings are in conflict,the express terms will prevail.

Question

Quizplus · Accepted Answer

This is known as the "parol evidence rule" - if there is a conflict between the express terms of a contract (what is explicitly written out in the contract) and the past course of dealings between the parties, the express terms will prevail. This is to ensure that the terms that were explicitly agreed upon in the contract are given more weight than any previous understandings between the parties.

When the Express Terms of a Contract and the Past