Fact Pattern 17-1 Farmers Produce, Inc

question 28

Multiple Choice

Fact Pattern 17-1 Farmers Produce, Inc., and Growers Market enter into a contract for the delivery of locally grown fruits and vegetables. The parties use a standard Farmers Produce form that contains some of the terms the parties agree on but not others. Some of the produce spoils before it can be cooked, served, and eaten, or sold. Growers Market refuses to pay for the spoiled goods.
Refer to Fact Pattern 17-1. Growers Market contends that the practice in the trade with respect to payment for spoiled produce justifies its refusal to pay. Growers Market is arguing that the court should take into account

• A) the course of dealing.
• B) the course of performance .
• C) the usage of trade.
• D) the usage of performance .

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Definitions:

Andrew Jackson

The seventh President of the United States (1829–1837), known for his populist approach to politics, the Indian Removal Act, and his role in the Battle of New Orleans.

Free Men of Color

In the antebellum United States, men of African descent who were not enslaved and possessed certain degrees of freedom and rights.

Tenskwatawa

A Native American religious and political leader of the Shawnee tribe, known as the Prophet, who played a significant role in the Tecumseh's Confederacy and the War of 1812 against the United States.

Shawnee Prophet

Tenskwatawa, known as the Shawnee Prophet, was a Native American leader of the Shawnee Nation and a prominent figure in leading resistance against American expansion in the early 19th century.