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course of performance
course of performance definition - legal
n
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.
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.
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