When is the course of performance considered in a written contract?
A) when oral modification is required for a written contract
B) when a sale or lease contract is not evidenced by writing
C) when the express terms of a written contract are not clear
D) when there is a prior oral or written agreement statement contradicting the written agreement

Question

Quizplus · Accepted Answer

The course of performance is considered when the express terms of a written contract are not clear. The course of performance refers to how the parties have performed under the contract over time and can be used as evidence of the parties' intent when interpreting the contract. If the written terms of the contract are unclear, the course of performance can help clarify the parties' intent.

When Is the Course of Performance Considered in a Written