These are the questions and answers to Contract Law Quiz 10. In this quiz, the UCC, "usage of trade", "course of dealing", and "course of performance" are discussed.
In class we briefly discussed C-Thru Container Corp. v. Midland Manufacturing
Co. 533 N.W.2d 542 (Iowa 1995). In that case, the Iowa Supreme Court
stated that parol evidence may be used to supplement a fully integrated
agreement governed by the U.C.C. if the evidence falls within the definition
of “usage of the trade”. The UCC (See Iowa Code §554.2202) lists two other
types of evidence that may be used to supplement a fully integrated
agreement. In your own words name the other two types of evidence and
describe the similarities and differences between them.
https://www.legis.iowa.gov/docs/code/554.2202.pdf
According to Iowa Code § 554.2202, the UCC allows three types of evidence
to supplement a fully integrated agreement: "usage of trade," "course of
dealing," and "course of performance”. “Course of dealing” refers to the
previous interactions between the parties to the contract, establishing a
common basis for interpreting their current contract. It focuses on their
historical relationship. “Course of performance” relates to the conduct of the
parties during the execution of the current contract, based on repeated
occasions of performance. It reflects how the parties understand and carry
out their contractual obligations. Both “course of dealing” and “course of
performance” provide context beyond the written terms and focus on
behavior and interactions to interpret the agreement. "Course of dealing" is
based on past transactions between the same parties, while "course of
performance" focuses on behavior under the current contract. "Course of
dealing" comes from prior dealings, whereas "course of performance" arises
from actions and responses during the execution of the current agreement.
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