Course of performance between the parties is taken into account when the express terms of their written contract are not clear.

Question

Quizplus · Accepted Answer

If the express terms of a written contract are unclear, the course of performance between the parties can be used as evidence of their intentions and may be taken into account to interpret the contract. This is consistent with the principle of contract interpretation that looks at the parties' objective intentions and the context in which they made their agreement.

Course of Performance Between the Parties Is Taken into Account