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New York Uniform Commercial Code Law Section 1-205 - Course Of Dealing And Usage Of Trade.Legal Research Home > New York Lawyer > Uniform Commercial Code > New York Uniform Commercial Code Law Section 1-205 - Course Of Dealing And Usage Of Trade.
Section 1-205. Course of Dealing and Usage of Trade.
(1) A course of dealing is a sequence of previous conduct between the
parties to a particular transaction which is fairly to be regarded as
establishing a common basis of understanding for interpreting their
expressions and other conduct.
(2) A usage of trade is any practice or method of dealing having such
regularity of observance in a place, vocation or trade as to justify an
expectation that it will be observed with respect to the transaction in
question. The existence and scope of such a usage are to be proved as
facts. If it is established that such a usage is embodied in a written
trade code or similar writing the interpretation of the writing is for
the court.
(3) A course of dealing between parties and any usage of trade in the
vocation or trade in which they are engaged or of which they are or
should be aware give particular meaning to and supplement or qualify
terms of an agreement.
(4) The express terms of an agreement and an applicable course of
dealing or usage of trade shall be construed wherever reasonable as
consistent with each other; but when such construction is unreasonable
express terms control both course of dealing and usage of trade and
course of dealing controls usage of trade.
(5) An applicable usage of trade in the place where any part of
performance is to occur shall be used in interpreting the agreement as
to that part of the performance.
(6) Evidence of a relevant usage of trade offered by one party is not
admissible unless and until he has given the other party such notice as
the court finds sufficient to prevent unfair surprise to the latter.
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Last modified: August 15, 2006 |