Which is the correct priority,from first to last,of the three types of evidence under the UCC that a court will consider as an exception to the parol evidence rule when trying to clear up an ambiguity in a contract?
A) course of dealing, course of performance, usage of trade
B) usage of trade, course of performance, course of dealing
C) course of performance, course of dealing, usage of trade
D) course of dealing, usage of trade, course of performance
E) course of performance, usage of trade, course of dealing

Question

Quizplus · Accepted Answer

The correct order of priority for the three types of evidence under the UCC is course of performance, course of dealing, and then usage of trade. This is because course of performance is the most specific evidence, referring to the actual conduct of the parties during the performance of the contract. Course of dealing refers to the general history of the parties' interactions, while usage of trade is the most general evidence and refers to industry-wide practices and customs. Therefore, when trying to clear up an ambiguity in a contract, the court will first look to the parties' course of performance, then their course of dealing, and finally, usage of trade.

Which Is the Correct Priority,from First to Last,of the Three