Fact Pattern 20-B1 (Questions B16-B18 apply)
Ripe Produce,Inc.,and Southeast Asian Bistro & Market enter into a contract for the delivery of locally grown fruits and vegetables.The parties use a standard Ripe 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.Southeast Asian refuses to pay for the spoiled goods.
-Refer to Fact Pattern 20-B1.Ripe Produce responds that it did not waive payment for spoiled goods in the parties' previous transactions.Ripe 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)a rule of construction.

Question

Quizplus · Accepted Answer

Ripe Produce is arguing for the court to consider the course of dealing, which refers to the parties' prior conduct and practices in prior transactions. This can shed light on their intent and understanding of the terms of the current contract, including whether payment for spoiled goods was waived in previous dealings.

Fact Pattern 20-B1 (Questions B16-B18 Apply)