State Codes and Statutes

Statutes > New-york > Ucc > Article-1 > Part-2 > 1-205

Section 1--205. Course of Dealing and Usage of Trade.    (1)  A course of dealing is a sequence of previous conduct between the  parties to a particular transaction which is fairly to  be  regarded  as  establishing  a  common  basis  of  understanding for interpreting their  expressions and other conduct.    (2) A usage of trade is any practice or method of dealing having  such  regularity  of observance in a place, vocation or trade as to justify an  expectation that it will be observed with respect to the transaction  in  question.  The  existence  and scope of such a usage are to be proved as  facts. If it is established that such a usage is embodied in  a  written  trade  code  or similar writing the interpretation of the writing is for  the court.    (3) A course of dealing between parties and any usage of trade in  the  vocation  or  trade  in  which  they are engaged or of which they are or  should be aware give particular meaning to  and  supplement  or  qualify  terms of an agreement.    (4)  The  express  terms  of  an agreement and an applicable course of  dealing or usage of trade shall  be  construed  wherever  reasonable  as  consistent  with  each other; but when such construction is unreasonable  express terms control both course of dealing  and  usage  of  trade  and  course of dealing controls usage of trade.    (5)  An  applicable  usage  of  trade  in  the place where any part of  performance is to occur shall be used in interpreting the  agreement  as  to that part of the performance.    (6)  Evidence of a relevant usage of trade offered by one party is not  admissible unless and until he has given the other party such notice  as  the court finds sufficient to prevent unfair surprise to the latter.

State Codes and Statutes

Statutes > New-york > Ucc > Article-1 > Part-2 > 1-205

Section 1--205. Course of Dealing and Usage of Trade.    (1)  A course of dealing is a sequence of previous conduct between the  parties to a particular transaction which is fairly to  be  regarded  as  establishing  a  common  basis  of  understanding for interpreting their  expressions and other conduct.    (2) A usage of trade is any practice or method of dealing having  such  regularity  of observance in a place, vocation or trade as to justify an  expectation that it will be observed with respect to the transaction  in  question.  The  existence  and scope of such a usage are to be proved as  facts. If it is established that such a usage is embodied in  a  written  trade  code  or similar writing the interpretation of the writing is for  the court.    (3) A course of dealing between parties and any usage of trade in  the  vocation  or  trade  in  which  they are engaged or of which they are or  should be aware give particular meaning to  and  supplement  or  qualify  terms of an agreement.    (4)  The  express  terms  of  an agreement and an applicable course of  dealing or usage of trade shall  be  construed  wherever  reasonable  as  consistent  with  each other; but when such construction is unreasonable  express terms control both course of dealing  and  usage  of  trade  and  course of dealing controls usage of trade.    (5)  An  applicable  usage  of  trade  in  the place where any part of  performance is to occur shall be used in interpreting the  agreement  as  to that part of the performance.    (6)  Evidence of a relevant usage of trade offered by one party is not  admissible unless and until he has given the other party such notice  as  the court finds sufficient to prevent unfair surprise to the latter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-1 > Part-2 > 1-205

Section 1--205. Course of Dealing and Usage of Trade.    (1)  A course of dealing is a sequence of previous conduct between the  parties to a particular transaction which is fairly to  be  regarded  as  establishing  a  common  basis  of  understanding for interpreting their  expressions and other conduct.    (2) A usage of trade is any practice or method of dealing having  such  regularity  of observance in a place, vocation or trade as to justify an  expectation that it will be observed with respect to the transaction  in  question.  The  existence  and scope of such a usage are to be proved as  facts. If it is established that such a usage is embodied in  a  written  trade  code  or similar writing the interpretation of the writing is for  the court.    (3) A course of dealing between parties and any usage of trade in  the  vocation  or  trade  in  which  they are engaged or of which they are or  should be aware give particular meaning to  and  supplement  or  qualify  terms of an agreement.    (4)  The  express  terms  of  an agreement and an applicable course of  dealing or usage of trade shall  be  construed  wherever  reasonable  as  consistent  with  each other; but when such construction is unreasonable  express terms control both course of dealing  and  usage  of  trade  and  course of dealing controls usage of trade.    (5)  An  applicable  usage  of  trade  in  the place where any part of  performance is to occur shall be used in interpreting the  agreement  as  to that part of the performance.    (6)  Evidence of a relevant usage of trade offered by one party is not  admissible unless and until he has given the other party such notice  as  the court finds sufficient to prevent unfair surprise to the latter.

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