Asked by diksha pathria on Jul 08, 2024

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Define "course of dealing" and "course of performance" and how these concepts affect the perfect tender rule.

Course Of Dealing

Previous commercial transactions between the same parties.

Course Of Performance

The history of dealings between the parties in the particular contract at issue.

Perfect Tender Rule

A legal principle that requires goods delivered under a sales contract to exactly meet the specifications agreed upon.

  • Define and distinguish "course of dealing" and "course of performance" and their impact on contract enforcement under the perfect tender rule.
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Giovanni ChermontJul 11, 2024
Final Answer :
Uniform Commercial Code Section 1-205(1)defines course of dealing as previous commercial transactions between the same parties.Under Uniform Commercial Code Section 2-208(1),course of performance refers to the history of dealings between the parties in the particular contract at issue.When the buyer alleges that goods failed to conform to contract specifications,the Uniform Commercial Code requires that courts consider the ideas of course of dealing and course of performance in resolving any dispute.