course of dealing

course of dealing. An established pattern of conduct between parties in a series of transactions (e.g., multiple sales of goods over a period of years). • If a dispute arises, the parties’ course of dealing can be used as evidence of how they intended to carry out the transaction. Cf. COURSE OF PERFORMANCE ; trade usage under USAGE. [Cases: Contracts 170. C.J.S. Contracts § 340.]

“A course of dealing is distinguishable from a course of performance. As defined by the [UCC], ‘course of dealing’ relates to conduct under other transactions which occurred with regularity prior to the formation of the present contract, while ‘course of performance’ relates to the conduct of the parties under the contract in question subsequent to its formation. However, in meaning the two expressions are essentially equivalent.” Ronald A. Anderson, Uniform Commercial Code § 1-205:86 (1997).

---

词条贡献者

LegalLingo, a Shanghai-based translation agency, is a recognized leader in comprehensive legal language solutions for the legal industry. We provide the world’s leading law firms and corporate legal teams with a full suite of services, ranging from the translation of contracts and compliance documentation to full-scale multilingual litigation requiring certified translation and Chinese document review. We deliver customized legal document translation solutions based on your case’s size and budget requirements, utilizing industry-leading technology to ensure accuracy, lower costs and faster turnaround times.