Utah Code § 70A-2-208

Course of performance or practical construction

Known as the Uniform Commercial Code

The act spans §§ 70–70 (293 sections).

Applied in 3 court decisions — leading case Shurtleff v. Jay Tuft & Co. (1980)

Most recently applied in 271 F. Supp. 2d 1343 - Cook Associates, Inc. v. PCS Sales (USA), Inc. (March 2003)

Enacted by Chapter 154, 1965 General Session

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 (Section 70A-1a-303).

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.