70A-2-208 - Course of performance or practical construction. - Utah Statutes

70A-2-208. Course of performance or practical construction.
(1) Where the contract for sale involves repeated occasions for performance by eitherparty with knowledge of the nature of the performance and opportunity for objection to it by theother, any course of performance accepted or acquiesced in without objection shall be relevant todetermine the meaning of the agreement.
(2) The express terms of the agreement and any such course of performance, as well asany course of dealing and usage of trade, shall be construed whenever reasonable as consistentwith each other; but when such construction is unreasonable, express terms shall control courseof performance and course of performance shall control both course of dealing and usage of trade(Section 70A-1a-303).
(3) Subject to the provisions of the next section on modification and waiver, such courseof performance shall be relevant to show a waiver or modification of any term inconsistent withsuch course of performance.

Enacted by Chapter 154, 1965 General Session