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Course of dealing and usage of trade - 13 Pa. Cons. Stat. § 1205

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     § 1205.  Course of dealing and usage of trade.
        (a)  Definition of course of dealing.--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.
        (b)  Usage of trade.--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.
        (c)  Effect on agreements.--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.
        (d)  Construction.--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.
        (e)  Applicable usage of trade.--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.
        (f)  Admissibility of evidence.--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.

        Cross References.  Section 1205 is referred to in sections
     1201, 2202 and 2208 of this title.

Last modified: November 27, 2007