courts will consider course of performance in construing a contract only after considering which of the following? a. course of dealing b. express terms in the contract c. usage of trade d. confirmation between merchants

Answers

Answer 1

Courts will consider course of performance in construing a contract only after considering course of dealing.

What is the difference between course of performance and Course of dealing?The term "course of dealing," as used in paragraph (b), is literally limited to a series of actions taken by the parties prior to the agreement. However, a "course of performance" is a series of actions taken after or in accordance with the agreement. The term "course of dealing" may be included in the agreement through express language or implied acknowledgement.In the event that such a construction is erroneous, the following rules apply: (1) express terms take precedence over course of performance, course of dealing, and usage of trade; (2) course of performance takes precedence over course of dealing and usage of trade; and (3) course of dealing takes precedence over usage of trade.

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Related Questions

What legislative change and financial innovations occurred after 1979 that changed m1 from representing a pure medium of exchange to also representing a store of value?

Answers

legislative changes and financial innovations allowed M1 to evolve from being solely a medium of exchange to also serving as a store of value, offering individuals the opportunity to earn interest on their deposits while still maintaining liquidity.

After 1979, several legislative changes and financial innovations occurred that changed M1 from representing a pure medium of exchange to also representing a store of value. These changes include:
1. Deregulation of the banking industry: The deregulation of the banking industry allowed banks to offer a wider range of financial products and services. This led to the introduction of interest-bearing checking accounts, which allowed individuals to earn interest on their deposits.


2. Money market deposit accounts (MMDAs): MMDAs were introduced, which offered higher interest rates compared to traditional checking accounts. These accounts allowed individuals to easily convert their funds between a medium of exchange and a store of value, as they offered liquidity and interest-bearing features.


3. Money market mutual funds (MMMFs): MMMFs emerged as a popular financial innovation. These funds invest in short-term debt securities and offer a higher yield compared to traditional bank accounts. Individuals could easily transfer funds between MMMFs and their checking accounts, thus blurring the line between a medium of exchange and a store of value.


4. Sweep accounts: Banks introduced sweep accounts, which automatically transferred excess funds from a checking account into interest-bearing accounts or investments. This helped individuals maximize their returns while still maintaining easy access to their funds.
Overall, these legislative changes and financial innovations allowed M1 to evolve from being solely a medium of exchange to also serving as a store of value, offering individuals the opportunity to earn interest on their deposits while still maintaining liquidity.

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3) Bill weighs 220 pounds and is losing 4 pounds each month. Phil weigh 250 pounds and is losing 10 pounds each month. How many months, m, will it take for Bill to weigh the same as Phil? How much will they weigh?

Answers

5 months and 200 pounds

4x5 = 20

220-20

200

10x5 = 50

250-50

200

TRUE OR FALSE
The Federal Rules of Evidence specify when hearsay evidence is admissible in a trial based on whether or not the person who made the statement is available to testify in court.

Answers

Explanation:

federal laws consists of a bunch of terms u never need to know so forget the question and get your teacher mad at u

Which career would organize, train, and support teachers and educational workers to help them provide better
instruction?
O distance learning coordinator
O education administrator
O instructional coordinator
O regulatory affairs specialist

Answers

Answer:

it is C instructional coordinator

Explanation:

according to the economic policy institute, what is the average pay difference between a high school graduate and a college graduate?

Answers

According to the Economic Policy Institute, the average pay difference between a high school graduate and a college graduate is about 80%.


1. The Economic Policy Institute has conducted research on the average pay difference between high school graduates and college graduates.
2. Their findings indicate that college graduates earn, on average, about 80% more than high school graduates.
3. This means that the pay gap between these two groups is significant, with college graduates generally earning higher wages in comparison to their counterparts who only have a high school diploma.

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Conduct online research on different types of cover letters. Observe the cover letters and list the strong points of each cover letter. Based on the observations of different cover letters, create a cover letter of your own, assuming that you are applying for a company of your choice.

Answers

Answer:

the investigation of encyclopedia in the photosynthesis of America

Explanation:

The water flies ontop the bridge challenge to them

Gamma Corporation has a December 31 st year-end. When moving into its new office on November 1st, Gamma paid $21,600 for 18 months of rent. What type of account did Gamma debit on November 1st? What account would Gamma debit in its December 31st adjusting journal entry? What account would Gamma credit in its December 31 st adjusting journal entry? What is the amount of the debit and credit in the December 31 st adjusting journal entry? Question 8 8 pts Gamma Corporation decided in 2021 to dispose of one of its divisions. The sale was completed on October 1, 2021. From 2021 until the date of the sale, the division disposed of reported a loss on operations of $47,547 net of tax. The book value of the division on October 1,2021 , is $444,827. The division sold for $532,608 net of tax. Gamma has calculated income from Continuing Operations to be $850,000. What is the amount of net income Gamma will report on its year-end 2021 income statement?

Answers

The net income Gamma will report on its year-end 2021 income statement is $890,231.

On November 1st, Gamma Corporation would debit the "Prepaid Rent" account for $21,600. In its December 31st adjusting journal entry, Gamma would debit the "Rent Expense" account for an amount representing the portion of rent used during the year (10/12 of the total rent paid), and credit the "Prepaid Rent" account for the remaining prepaid rent (2/12 of the total rent paid). The amount of the debit in the December 31st adjusting journal entry would be the portion of rent expense incurred during the year, and the credit would be the remaining prepaid rent.

For the second question, to calculate the net income Gamma will report on its year-end 2021 income statement, we need to consider the loss on operations of the disposed division, the book value of the division, and the income from continuing operations. The net income would be the income from continuing operations minus the loss on operations of the disposed division, plus the gain from the sale of the division. The net income can be calculated as follows:

Net income = Income from continuing operations - Loss on operations of disposed division + Gain from sale of division

Net income = $850,000 - $47,547 + ($532,608 - $444,827)

The calculated amount will represent the net income Gamma will report on its year-end 2021 income statement.

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5. Describe at least three investments you want
to make with your income. Explain whether
each one is an equity investment or a debt investment, and explain why you chose these
particular types of investments

Answers

With the money I'd make, I'd like to buy a car as an equity investment.

This item was chosen because it would assist me in getting to work and other locations on my own.

I'd also like to utilize my money to purchase or rent a house, which would also be an equity investment and provide me with a place to live for an extended length of time.

I'd like to invest in a powerful firm that wants to do good in the world; this is a debt investment that would offer the world a strong face.

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(PLS HELP ASAP) Davon holds a degree in sports medicine. Which company might be interested in hiring Davon?

Question 3 options:

A- A traveling soccer league looking for an athletic trainer


B- A women's clinic needing sonogram technicians


C- A lab looking for someone to file their DNA analyzer


D- A grocery store looking for a pharmacist

Answers

Answer:

I think it would be answer A.!

Explanation:

Hope this helps please let me know if its correct or not?! :)

Davon might be hired by a touring soccer league searching for an athletic trainee. As a result, choice (A) is the correct reaction.

What is sports medicine?

Sports medicine is a subspecialty of medicine that addresses physical fitness as well as the diagnosis, mitigation, and prevention of sports- and exercise-related injuries. Although the majority of sports organizations have long had team physicians on staff, sports medicine has only recently become recognized as a separate area of medicine. Sports medicine is a known medical specialty in various nations.

Sports medicine is a physician (non-surgical) specialty in the vast majority of nations where it is recognized and practiced, but in some (like the USA), it can also be a surgical or non-surgical medical specialty and a specialized area within primary care.

Therefore, option (A) is the accurate answer.

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How many categories should you have in your budget?.

Answers

Answer:

the 50/30/20 system, which splits your income across three major categories: 50% goes to necessities, 30% to wants and 20% to savings and debt repayment.

Explanation:

In order to achieve a balanced, rapid flow through a Lean system, disruptions must be minimized. What are some causes of disruptions in production

Answers

Answer:

- Quality problems

- Equipment breakdowns

- Late deliveries from suppliers

Explanation:

The key causes of disturbances in the production would include the 'issues associated with the quality,' 'breakdowns in the equipment,' and the 'delayed delivery of raw materials from the suppliers.' These disruptions will not only affect the effectiveness and efficacy of the process but also influence the timely achievement of desired outputs and goals. Thus, in order to ensure the effective accomplishment of targets, it becomes necessary to minimize these disruptions and follow a lean and smooth system.

if the supply and demand curves for a product both decrease, then equilibrium

Answers

If the provide and demand curves for a product each decrease, we can say that equilibrium: a) quantity and equilibrium fee need to each decline. b) volume have to decline, but equilibrium charge may also both rise, fall, or stay unchanged.

What happens to equilibrium when grant and demand both decrease?

If each demand and provide decrease, there will be a limit in the equilibrium output, however the effect on fee can't be determined.

A reduce in demand will purpose the equilibrium price to fall; extent supplied will decrease. An enlarge in supply, all other matters unchanged, will motive the equilibrium price to fall; extent demanded will increase. A reduce in provide will purpose the equilibrium fee to rise; quantity demanded will decrease.

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. For each action, write YES or NO for whether it will likely decrease your credit score:
a. You request a copy of your credit report
b. You open 5 new credit cards in one month
c. You are 3 months late paying your student loan bill
d. You lose your job, & it takes 4 months to find a new one

Answers

a. Requesting a copy of your credit report - NO
b. Opening 5 new credit cards in one month - YES
c. Being 3 months late paying your student loan bill - YES
d. Losing your job and taking 4 months to find a new one - YES (if you're late on payments as a result)

In 1945, an African American family tries to purchase a home in a White neighborhood, but realtors and mortgage lenders refused to facilitate their purchase. This practice is an example of ______.

Answers

Answer:

The correct answer will be "Redlining".

Explanation:

Redlining seems to be the technique of refusing, or paying more than that for, service providers including certain banking, affordable healthcare, and perhaps even convenience stores, or refusing jobs especially to people, particularly disproportionately influenced communities.In commercial property, it would be a discriminatory activity, especially when it involves investors who refuse to offer extra income and perhaps make payments to borrowers in many of these sections of the province.

So that given instance is an example of "Redlining".

Marissa is traveling in Great Britain and is surprised when the server brings her cookies when she ordered biscuits for breakfast. What communication concept best explains the mix-up?A. Communication is symbolic.
B. Communication is relational.
C. Communication is a process.
D. More communication is always better.

Answers

Answer:

B. Communication is relational.

Explanation:

Communication being relational is  the best concept that explains the mixup between the server and Marissa who is travelling through Great Britain. For Marissa to request for biscuits, the sever was able to relate her request to cookies which is commonly served as a breakfast meal in Britain. Hence the reason why she brought it to her.

Gossip occurs when Jen and Kathy talk about _______. A. Their coworker Ted. B. The upcoming World Series. C. Their favorite TV show d. The clothes they will wear to a party.

Answers

Gossip occurs when Jen and Kathy talk about  their coworker Ted.

What is a Gossip?

A Gossip can be regarded as the practice usually found in the society and organization which involves talking about someone behind him or her.

It involves a friend saying something else about co workers and this can cause problem in the organization.

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Gossip occurs when Jen and Kathy talk about their coworker Ted.

The correct option is (A).

What is Single All The Way?

Single all the way is a Netflix-based Canadian romance comedy.

This is based on gay romance. The character has to answer his family's questions about being single because his family doesn't know that he is gay.

Thus, the correct option is (A) Their coworker Ted.

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which of the following statements is a bottom-line statement

Answers

Answer:

The strong demand in Bigtown would make opening a new salon feasible

Explanation:

Answer:The strong demand in Bigtown would make opening a new salon feasible

Explanation:

A carpenter sands 12 of a dresser in 34 hour. At this rate, how long does it take the carpenter to sand 1 dresser?

Answers

Answer:

2.83

or 3 hours 23 minutes

Explanation:

If 12 dressers are sanded in 34 hours , 1 dresser would be sanded in : 34/12 = 2.83

Because the limit on minutes is 60, we would have to convert 2.83

to do this divide 83 by 60 = 1 hr 23 minutes

Add this to 2 hours . this gives 3 hours 23 minutes

What are the three ways the argument section of a cover letter can be formatted

Answers

You can write a cover letter argument in a bullet point list. A paragraph is an easy way to summarize your argument. Using bullet points is a good way to focus your arguments and have strong facts.

when an investor purchases a security, the investor does so with the expectation of:

Answers

When an investor purchases a security, the investor does so with the expectation of earning a return on their investment.

A return on investment can take many forms, including capital gains (i.e. selling the security for more than it was purchased for), dividend payments, or interest payments. The expectation of earning a return is what motivates many investors to purchase securities in the first place. Of course, there is always a risk that an investment may not perform as expected, and the investor may even lose money. However, the expectation of earning a return is what drives many investment decisions, and is an important factor to consider when making investment decisions. Other factors that may influence investment decisions include the investor's risk tolerance, investment goals, and time horizon.

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Bill explains that men and women approach many tasks in different ways. He explains that while their approaches are different, men and women should be judged on the quality of their work. Which principle is Bill demonstrating? a. Sexism b. Stereotyping c. Respect d. Harassment

Answers

Answer:

C. respect

Explanation:

Respect principle is Bill demonstrating as he explains that while their approaches are different, men and women should be judged on the quality of their work.

Thus, the correct option is C.

What is Respect principle?

One of the essential values in research is respect for people: It is the acceptance of a person as an independent, special, and free individual. It also implies that we acknowledge each person's right to and capacity for self-determination. A person's dignity is ensured by respect.

Perhaps the most fundamental ethical precept of all is respect for individuals. Each and every one of us must uphold the inherent dignity of all other people, according to the definition of respect.

Something that is inherent to us is something that is necessary to who we are and cannot be acquired. It is a quality of personhood.

The concept of respect for persons is frequently used in the literature of moral and political philosophy to refer to a form of respect that all people are morally owed merely because they are humans, independent of social position, particular traits or accomplishments, or moral quality.

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What is your marginal rate of consumption (MPC)? If your income increased $1,000 per month until retirement, how much would your spending on consumption goods increase?

Answers

Answer:

$400

Explanation:

In the case when the income would be increased by $1,000 per month so the spending on consumption goods would also be increased by 40% here we assume the 40%

So,

= $1,000 × 40%

= $400

Therefore based on the above assumption, the spending on consumption goods would be increased by $400

Compare and contrast what is meant by "liquidity" when referring to a CD and a mutual fund. (50 points!)

Answers

Answer: natural gas

Explanation:

How important is money

Answers

Answer:

very important

Explanation:

money is a global income source for everyone. we all have different types but it is all still money. now say one country got rid of money and had people pay for stuff using other things. if china did that lots of different countries wouldn't be able to get stuff from there unless they had so much of that product they could just give it up.

Which document determines the number of shares in a company?

a stock prospectus
an annual bill of rights
a corporate charter
an annual report

Answers

Answer:

C. a corporate charter

A Corporate Charter is document determines the number of shares in a company.

What is Corporate Charter?

Corporate charter is a legal document which is issued with the Secretary of State or registrar in order to establish a company as a corporation and contain every detailed information about company's share. The corporate charter contain information about governance, structure, objectives, operation, other information about the company and information about that total company shares and how much the company is willing to sell.

Therefore, A Corporate Charter is document determines the number of shares in a company

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What is the highest possible credit score on the FICO scale

Answers

Answer:

850

Explanation:

It's considered the unicorn of the financial world: a perfect credit score, the highest number a consumer can achieve within a credit scoring system. For the FICO® Score☉ , one of the most commonly used credit scoring models, that mythical and seemingly impossible figure is 850. (FICO® Scores range from 300 to 850.)

Which explains the connection between the law of demand and excess demand?
The law states that decreases in price leads to greater quantity demanded and limited supply, which occurs during
excess demand.
O The law states that increases in price increases leads to greater quantity demanded and limited supply, which occurs
during excess demand.
The law states that decreases in price leads to greater supply and equilibrium, which occurs during excess demand.
O The law states that increases in price leads to greater supply and equilibrium, which occurs during excess demand.

Answers

Answer:

The law states that decreases in price leads to greater quantity demanded and limited supply, which occurs during excess demand.

Explanation:

The law of demand talks of an inverse relationship between the price and demand for a commodity. As per the law, an increase in price leads to a decrease in demand. High prices make a product unaffordable to many consumers forcing them to seek alternatives. A price reduction encourages more consumers to buy the product, an increase in demand.

Limited supply is when sellers are unable to match the buyer's demand for a product. It is a scenario where demand exceeds supply. In limited supply, there will be excess demand in the market, which may push prices higher.

Answer:

A

or

The law states that decreases in price leads to greater quantity demanded and limited supply, which occurs during excess demand.

Explanation:

a) If expected inflation in US and 'Japan is 2.1% and 3.% respectively, the expected change in the spot rate between the USD and JPY can be derived out of which international parity? b) If the spot rate between USD and JPY' is 1USD/JPY=4.0602, then, according to this international parity, that rate should move to? (5 marks)

Answers

a) The expected change in the spot rate between the USD and JPY can be derived out of the relative purchasing power parity (PPP).
b) The rate should move to approximately 1 USD/JPY = 4.0980.


a) The expected change in the spot rate between the USD and JPY can be derived out of the relative purchasing power parity (PPP).

According to relative PPP, the expected change in the spot rate is equal to the difference in expected inflation rates between the two countries. In this case, the expected inflation in the US is 2.1% and in Japan is 3.0%. Therefore, the expected change in the spot rate can be calculated as the difference in inflation rates, which is 3.0% - 2.1% = 0.9%.

b) If the current spot rate between USD and JPY is 1 USD/JPY = 4.0602, and the expected change in the spot rate is 0.9% (as calculated above), we can apply this expected change to the current spot rate.

Using the formula:

New Spot Rate = Current Spot Rate * (1 + Expected Change in Spot Rate)

New Spot Rate = 4.0602 * (1 + 0.009) = 4.0980

Therefore, according to this international parity, the rate should move to approximately 1 USD/JPY = 4.0980


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In the long run, increasing the national debt will cause which of these?

A) higher tax revenue
B) an increase in jobs
C) higher interest rates
D) an increase in production

Answers

Answer:A - higher task revenue
If choose all that apply I think a,b,and c
It’s a higher tax revenue

A cognitive abilities test that measures ________ might ask a test taker to repeat a series of digits backwards, thereby demonstrating an ability to retain information while actively manipulating it.

Answers

A cognitive abilities test that measures "working memory" might ask a test taker to repeat a series of digits backwards, thereby demonstrating an ability to retain information while actively manipulating it.

Working memory is the cognitive system responsible for temporarily storing and manipulating information needed for tasks requiring active mental processing. This type of test assesses a person's ability to hold and manipulate information in their mind, which is an important aspect of cognitive functioning. It helps evaluate an individual's ability to process information in real-time, solve problems, and engage in complex thinking tasks. Backwards refers to the reverse order or direction of something. It is the opposite of the usual or expected forward progression. In various contexts, the concept of backwards can have different meanings. In terms of time, it signifies moving or thinking in the opposite direction of chronological progression. In spatial terms, it implies moving or facing in the opposite direction from the norm. Additionally, when applied to cognitive tasks or tests, "backwards" often involves reversing or inverting a given sequence or order.

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