""'McCutcheon v David MacBrayne Ltd " "'[ 1964 ] UKHL 4 is a Scottish contract law case, concerning the incorporation of a term through a course of dealings.
12.
He considered that the correct test was therefore what was " fair and just " between the parties, taking into account the whole course of dealing between them.
13.
"But in the course of dealing with people for two years, you come to learn that, being they're so young, there is misunderstanding about being truthful in the newspaper.
14.
That Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;
15.
In the present case there is no course of dealing of this kind; no demand; no threat; but it is done with a positive view of iniquity . }}
16.
In " McCutcheon v David MacBrayne Ltd " [ 1964 ] 1 WLR 125 the Court of Appeal held that four contracts over five years was not a course of dealing.
17.
How she acts in the course of dealing with the men in the prison comes out of her own spirituality, which is influenced heavily by the Catholic Church _ but not exclusive to it.
18.
UCC ?1-303 ( b ) . " Course of dealing, " as defined in subsection ( b ), is restricted, literally, to a sequence of conduct between the parties previous to the agreement.
19.
Although the term is usually used in US contract law, where the parties'course of dealing helps the court to understand the intention of the contracting parties, it is also used elsewhere in the law.
20.
She admitted in court that all of the cadets looked alike, conceding that in the course of dealing with one cadet and her various other tasks and duties, another boy could have entered without her noticing.
