Jury Instruction - 4.4.3 Rule 10(b) - 5(c) Fraudulent Practice or Course of Dealing Stockbroker Churning - Violation of Blue Sky Law and Breach of Fiduciary Duty
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The term custom and usage is commonly used in COMMERCIAL LAW, but "custom" and "usage" can be distinguished. A usage is a repetition of acts whereas custom is the law or general rule that arises from such repetition.In modern law, however, the two principles are often merged into one by the courts.
A usage of trade is a 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.
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.
Course of performance. the conduct that occurs under the terms of a particular agreement, which indicates what the parties to that agreement intended it to mean.
1. Any sequence of activities that an individual or unit may follow. 2. A possible plan open to an individual or commander that would accomplish, or is related to the accomplishment of the mission.
The course of dealing between parties to an action is examined by a court in ascertaining what the parties intended when they entered into a contract.Course of performance refers to a pattern of conduct that occurs subsequent to approval of the contract terms.
Course of action in British English (k025402d0s 0259v 02c8æk02830259n ) a way of proceeding. This would be the best course of action. We have decided on this course of action for one reason alone.
"Pattern of conduct" means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person2026. La.
Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.