Fact Pattern 20-B1 (Questions B16-B18 Apply)

question 20

Multiple Choice

Fact Pattern 20-B1 (Questions B16-B18 apply)
Ripe Produce,Inc.,and Southeast Asian Bistro & Market enter into a contract for the delivery of locally grown fruits and vegetables.The parties use a standard Ripe 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.Southeast Asian refuses to pay for the spoiled goods.
-Refer to Fact Pattern 20-B1.Southeast Asian contends that the practice in the trade with respect to payment for spoiled produce justifies its refusal to pay.Southeast Asian 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)a rule of construction.

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Definitions:

Lazarus

Often associated with the psychological concept of stress and coping mechanisms, inspired by the work of psychologist Richard Lazarus.

Avoidance-Avoidance Conflict

A conflict arising from having to choose between undesirable alternatives.

Unfinished Paper

An in-progress academic or scholarly paper that has not yet reached completion.