- course of performance
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course of performance: the conduct of parties during a business deal requiring repeated performances that creates an understanding between the parties as to performance and that may be used to help interpret their agreement in instances of dispute compare course of dealing, practical construction, usage of trade
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- course of performance
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n. The pattern of completing a recurring obligation under a contract when all parties are aware of the nature of the obligation and have had the opportunity in the past to object to how it is done. If a dispute later arises regarding the performance of that obligation and there was no previous objection, the courts will look to the course of performance to determine how the parties intended the obligation to be completed.See also course of dealing, usage of trade.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- course of performance
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Evidence of the conduct of parties concerning the execution of obligations under a contract requiring more than one performance that is used for the purpose of interpreting the contract's provisions.
Dictionary from West's Encyclopedia of American Law. 2005.
- course of performance
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Evidence of the conduct of parties concerning the execution of obligations under a contract requiring more than one performance that is used for the purpose of interpreting the contract's provisions.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.