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Additional Interpretive Devices

Learn about Article 2’s special rules permitting courts to disregard contractual terms that would produce unjust results as well as the three most important factors in interpreting any contract for the sale of goods, apart from the express language.

Transcript

In addition to the numerous gap-filler provisions discussed in other lessons, Article 2 provides several other devices to aid in interpreting, supplementing, and enforcing contractual provisions. 

I. Course of Performance, Course of Dealing, and Trade Usage

Apart from the agreement’s express language, the most important factors in interpreting any contract for the sale of goods are course of performance, course of dealing, and usage of trade.

Imagine a caterer contracted with a baker to...