59.1-502.10 - Terms of contract formed by conduct.
§ 59.1-502.10. Terms of contract formed by conduct.
(a) Except as otherwise provided in subsection (b) and subject to §59.1-503.1, if a contract is formed by conduct of the parties, the terms ofthe contract are determined by consideration of the terms and conditions towhich the parties expressly agreed, course of performance, course of dealing,usage of trade, the nature of the parties' conduct, the records exchanged,the information or informational rights involved, and all other relevantcircumstances. If a court cannot determine the terms of the contract from theforegoing factors, the supplementary principles of this chapter apply.
(b) This section does not apply if the parties authenticate a record of thecontract or a party agrees, such as by manifesting assent, to the recordcontaining the terms of the other party.
(2000, cc. 101, 996.)