Vermont § 303 - § 1—303.
Full text of Vermont Vermont Statutes Online § 303 — § 1—303., with citation guidance and answers to common questions.
§ 303. § 1—303.
- Course of performance, course of dealing, and usage of trade (a) A “course of performance” is a sequence of conduct between the parties to a particular
transaction that exists if: (1) the agreement of the parties with respect to the transaction involves repeated occasions
for performance by a party; and (2) the other party, with knowledge of the nature of the performance and opportunity for
objection to it, accepts the performance or acquiesces in it without objection. (b) A “course of dealing” is a sequence of conduct concerning previous transactions between
the parties to a particular transaction that is fairly to be regarded as establishing
a common basis of understanding for interpreting their expressions and other conduct. (c) 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 must be proved as facts. If it is established that such a usage is embodied
in a trade code or similar record, the interpretation of the record is a question
of law. (d) A course of performance or course of dealing between the parties or usage of trade
in the vocation or trade in which they are engaged or of which they are or should
be aware is relevant in ascertaining the meaning of the parties’ agreement, may give
particular meaning to specific terms of the agreement, and may supplement or qualify
the terms of the agreement. A usage of trade applicable in the place in which part
of the performance under the agreement is to occur may be so utilized as to that part
of the performance. (e) Except as otherwise provided in subsection (f) of this section, the express terms
of an agreement and any applicable course of performance, course of dealing, or usage
of trade must be construed whenever reasonable as consistent with each other. If such
a construction is unreasonable: (1) express terms prevail over course of performance, course of dealing, and usage of
trade; (2) course of performance prevails over course of dealing and usage of trade; and (3) course of dealing prevails over usage of trade. (f) Subject to section 2—209 of this title, a course of performance is relevant to show a waiver or modification of any term
inconsistent with the course of performance. (g) Evidence of a relevant usage of trade offered by one party is not admissible unless
that party has given the other party notice that the court finds sufficient to prevent
unfair surprise to the other party. (Added 2007, No. 99 (Adj. Sess.), § 2.)
Frequently Asked Questions About Vermont § 303
What does Vermont Statutes Online § 303 cover?
Section 303 ("§ 1—303.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 303?
A common citation format is "Vermont Statutes Online § 303" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 303 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.