Course Of Performance Irrelevant
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
21769_goats-waiver · CONTRACTS · Choice ANo, because a written delivery date cannot be affected by later course of performance.
Why it's attractive
The word 'cannot' is an overclaim — UCC § 1-303(f) expressly permits course of performance to show waiver.
Why it's wrong
The word 'cannot' is an overclaim — UCC § 1-303(f) expressly permits course of performance to show waiver.
21769_goats-waiver · CONTRACTS · Choice BNo, because the merger clause bars all evidence outside the signed agreement.
Why it's attractive
The word 'all' is the tell — merger clause bars prior/contemporaneous evidence, not post-signing waiver evidence.
Why it's wrong
The word 'all' is the tell — merger clause bars prior/contemporaneous evidence, not post-signing waiver evidence.
21769_goats-waiver · CONTRACTS · Choice CYes, but only as trade usage evidence, because the parties' own performance under this contract is irrelevant.
Why it's attractive
Saying the parties' own performance is 'irrelevant' inverts the UCC hierarchy — course of performance is the strongest interpretive source after express terms.
Why it's wrong
Saying the parties' own performance is 'irrelevant' inverts the UCC hierarchy — course of performance is the strongest interpretive source after express terms.
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