Trade Usage Always Controls
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts2
Example wrong choices
14416_worship_sound_booth · CONTRACTS · Choice AYes, because the professional sound-trade usage will control the meaning of "daily booth checks."
Why it's attractive
Clear trade-usage evidence is bait unless both sides knew or should have known the usage.
Why it's wrong
Clear trade-usage evidence is bait unless both sides knew or should have known the usage.
14416_worship_sound_booth · CONTRACTS · Choice BYes, because the parol evidence rule prevents Lydia from proving the meaning she attached to "daily booth checks."
Why it's attractive
The evidence explains the written phrase; it does not add a new inconsistent promise.
Why it's wrong
The evidence explains the written phrase; it does not add a new inconsistent promise.
14416_worship_sound_booth · CONTRACTS · Choice DNo, because the parties attached materially different meanings to "daily booth checks," so no contract was formed.
Why it's attractive
Different meanings alone are not enough once the stem tells you one side knew about the mismatch.
Why it's wrong
Different meanings alone are not enough once the stem tells you one side knew about the mismatch.
17026_manger_prop_bundles · CONTRACTS · Choice ANo, because the court must use a default gap-filler whenever the writing fails to define a phrase.
Why it's attractive
A student sees an undefined phrase and reaches for a default gap-filler. The breaker is that UCC agreement-source evidence comes before defaults.
Why it's wrong
This choice reverses the source order by jumping to default gap-fillers before available agreement-source evidence.
Spot it next time
Ask whether agreement-source evidence exists before defaults.
17026_manger_prop_bundles · CONTRACTS · Choice BNo, because the painting and assembly lesson make the entire transaction a services contract.
Why it's attractive
A student sees painting and an assembly lesson and switches into a services-contract frame. The breaker is that the goods predominate and the services are attached.
Why it's wrong
This choice overexpands incidental services into a whole-contract services frame.
Spot it next time
Compare the main object and price allocation against the attached services.
17026_manger_prop_bundles · CONTRACTS · Choice DNo, because general toy-theater trade usage automatically controls over the parties’ prior course of dealing.
Why it's attractive
A student sees industry testimony and treats general trade usage as the strongest commercial source. The breaker is that same-party course of dealing does not automatically lose to general trade usage.
Why it's wrong
This choice reverses the hierarchy by making general trade usage automatically control over prior course of dealing.
Spot it next time
Rank private course of dealing before general usage of trade when the two cannot reasonably fit together.
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