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AMI 2416 Contract Interpretation—Course of Dealing

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2416
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 24. Contracts
Contract Interpretation
AMI 2416 Contract Interpretation—Course of Dealing
The parties' intent may be shown by their prior course of dealing. A “course of dealing” is conduct between the parties before the making of their contract that can be fairly regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
NOTE ON USE
This instruction should be given only if the court has determined that the contract contains ambiguous language and that the meaning of the ambiguous language depends upon disputed extrinsic evidence.
If the contract is governed by Article 2 of the Uniform Commercial Code, use AMI 2511.
COMMENT
This instruction is based on the Restatement (Second) of Contracts § 223 (1981).
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