Contracts: Contract Terms: Conduct

  • Conduct can be used to explain terms or fill in gaps
    • Course of performance: what the parties have done under this contract. By far the best evidence of what the parties meant, is how they performed.
    • Course of dealing: what the parties did in earlier contracts with one another. How the parties behaved in the past.
    • Usage of trade: what others in the trade do under similar contracts.