ⓘ Course of performance


ⓘ Course of performance

The term course of performance is defined in the Uniform Commercial Code as follows:

A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:

1 the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and 2 the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.

UCC § 1-303a. "Course of dealing," as defined in another into a false assurance that strict compliance with a contractual duty will not be required and then sue for noncompliance. "

It is not necessary that the contract be ambiguous before course of performance will be considered.

A course of performance is shown by repeated instances of the relevant conduct, not single occasions or actions.

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