Multistate Bar Examination Practice Question

The correct answer reflects the principle that courts look at the actions of the parties, or their course of performance, to interpret intent and potentially modify contractual terms. The landlord's repeated acceptance of late payments could indicate assent to a change in the payment timing. The incorrect answers fail to encompass the importance of party conduct in contract interpretation. For instance, while the written terms are significant, courts often consider supplemental evidence such as consistent behavior. Similarly, deciding a breach without considering the landlord’s behavior disregards the dynamic nature of contractual relationships, and an approach limited to enforcing the clause without analyzing payment patterns ignores key interpretive tools.