Fact Pattern 13-1 Farmers Produce, Inc., and Growers Market Enter into a Contract

question 28

Multiple Choice

Fact Pattern 13-1
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 13-1.Farmers Produce responds that it did not waive payment for spoiled goods in the parties' previous transaction. Farmers Produce 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) ​none of the choices.

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Definitions:

Declarative Memories

Recollections accessible to our conscious mind, comprising knowledge and events.

Semantic Memory

Semantic memory refers to a portion of long-term memory that processes ideas and concepts that are not drawn from personal experience, such as facts, meanings of words, and general knowledge of the world.

Declarative Memories

Recollections that are accessible to conscious awareness, including information and occurrences.

Nondeclarative Memories

A category of long-term memory that includes skills, tasks, and actions one can perform without consciously thinking about them, such as riding a bicycle.