Practice Quiz

Paralegal Exam Prep

Category - Contracts

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In interpreting the terms of an agreement under the UCC, what are three pieces of evidence that a court might consider?
  1. The express terms of the contract, hearsay, and usage of trade.
  2. The express terms of the contract, prior drafts of the agreement, and usage of trade.
  3. The express terms of the contract, usage of trade, and course of dealing.
  4. The express terms of the contract, prior drafts of the agreement, and testimony regarding the negotiations for the agreement.
  5. Prior drafts of the agreement, testimony regarding the negotiations for the agreement, and common law.
Explanation
Answer: C. In interpreting the terms of an agreement under the UCC, a court might consider the express terms of the contract, usage of trade and course of dealing. The court will only consider all three if they are reasonably consistent. Otherwise, the express terms take precedent.
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