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Source Interpretation Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

A goods contract requires monthly deliveries of "standard cartons" of jars but does not define the number of jars per carton. For six months, Seller delivered cartons with 24 jars, Buyer inspected and paid without objection, and the invoices all stated "24-pack cartons." Buyer now argues that a standard carton means 12 jars.
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The accepted deliveries automatically override any express term even if the writing clearly says 12 units per carton. The accepted repeated deliveries are course of performance that can help interpret the carton term because Buyer had repeated opportunities to object and did not. The accepted deliveries prove only that Buyer waived every future contract right. The accepted deliveries are usage of trade, not course of performance.

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