course of performance - Legal Definition
Webster's New World Law Dictionary Copyright © 2010 by Wiley Publishing, Inc., Hoboken, New Jersey.
The pattern of completing a recurring obligation under a contract when all parties are aware of the nature of the obligation and have had the opportunity in the past to object to how it is done. If a dispute later arises regarding the performance of that obligation and there was no previous objection, the courts will look to the course of performance to determine how the parties intended the obligation to be completed. See also course of dealing and usage of trade.
Used by arrangement with John Wiley & Sons, Inc.