course of performance

A sequence of previous performance by either party after an agreement has been entered into, when a contract involves repeated occasions for performance and both parties know the nature of the performance and have an opportunity to object to it.

• A course of performance accepted or acquiesced in without objection is relevant to determining the meaning of the agreement. Cf. COURSE OF DEALING; trade usage under USAGE. [Cases: Contracts 170. C.J.S. Contracts § 340.]

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