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The Florida Statutes
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The 1995 Florida Statutes
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ARTICLE 2
Note. Pursuant to s. 69, ch. 69-353, the editors altered the
numbers of all sections making up this chapter at that time by deleting the
digit and hyphen immediately following the decimal point. The purpose was to
conform the numbering of the Code sections with the decimal numbering system
used in other chapters of the Florida Statutes. The visual relationship
between Florida Statutes section numbers and Code section number was not
destroyed by this alteration; the digit preceding the decimal point coincides
with the Code article number, and the digits following the decimal point
coincide with the Code section numbers.
672.208 Course of performance
or practical construction. ---
(1) Where the contract for sale involves repeated
occasions for performance by either party with knowledge of the
nature of the performance and opportunity for objection to it by
the other, any course of performance accepted or acquiesced in
without objection shall be relevant to determine the meaning of the
agreement.
(2) The express terms of the agreement and any such
course of performance, as well as any course of dealing and usage
of trade, shall be construed whenever reasonable as consistent with
each other; but when such construction is unreasonable, express
terms shall control course of performance and course of performance
shall control both course of dealing and usage of trade (s.
671.205).
(3) Subject to the provisions of the next section on
modification and waiver, such course of performance shall be
relevant to show a waiver or modification of any term inconsistent
with such course of performance.
History: s. 1, ch. 65-254.
Note. s. 2-208, U.C.C.
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