When courts interpret sales and lease contracts, how do they prioritize the combination of the following four factors?
A) (1) Express terms, (2) Course of performance, (3) Course of dealing, and (4) Usage of trade
B) (1) Usage of trade, (2) Course of performance, (3) Course of dealing, and (4) Express terms
C) (1) Express terms, (2) Course of dealing, (3) Course of performance, and (4) Usage of trade
D) (1) Course of performance, (2) Course of dealing, (3) Express terms, and (4) Usage of trade
E) (1) Express terms, (2) Usage of trade, (3) Course of dealing, and (4) Course of performance

Question

Quizplus · Accepted Answer

The correct prioritization when interpreting sales and lease contracts is: (1) Express terms, (2) Course of performance, (3) Course of dealing, and (4) Usage of trade. This hierarchy ensures that the specific terms agreed upon by the parties take precedence, followed by their actions under the contract, their past business interactions, and finally, the general practices within their industry.

When Courts Interpret Sales and Lease Contracts, How Do They