pjc-oil-and-gas-2022-lib

PJC 305.20

O IL AND G AS I NDUSTRY A GREEMENTS

tom and usage of trade was generally known or established for a suf ficient length of time to become generally known and—

1. was known to the parties to the contract; or 2. those parties contracted with reference to it.

Silent terms in agreement. “[W]hen a contract is unambiguous yet silent as to an immaterial, non-essential term, it requires no further supplementation” and a jury can not consider custom and usage of trade to add such a term to an agreement. Barrow Shaver Resources Co. , 590 S.W.3d at 486. UCC article 2 cases. Trade custom, course of dealing, and course of performance are relevant in determining the meaning of the agreement. See Tex. Bus. & Com. Code §§ 1.303, 2.202 (Tex. UCC).

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