In interpreting a contract, a court will give greater weight to the course of performance between the parties than to the express terms.

Question

Quizplus · Accepted Answer

Courts generally give primary importance to the express terms of a contract as they represent the explicit agreement between the parties. The course of performance is considered when the terms are ambiguous or to understand the intent of the parties, but it does not override the express terms.

In Interpreting a Contract, a Court Will Give Greater Weight