Utah Statutes
§ 70A-2-208 — Course of performance or practical construction.
Utah·Title 70A Uniform Commercial Code·Ch. 70A-2 Uniform Commercial Code - Sales·Part 70A-2-2 Form, Formation, and Readjustment of Contract
(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
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Related
Power Systems & Controls, Inc. v. Keith's Electrical Construction Co.
765 P.2d 5 (Court of Appeals of Utah, 1988)
Cook Associates, Inc. v. PCS Sales (USA), Inc.
271 F. Supp. 2d 1343 (D. Utah, 2003)
Legislative History
Enacted by Chapter 154, 1965 General Session
Nearby Sections
15
§ 70A-10-101
Effective date.§ 70A-10-102
Specific repealer -- Provision for transition.§ 70A-10-103
General repealer.§ 70A-10-104
Laws not repealed.§ 70A-1a-101
Title.§ 70A-1a-102
Scope of chapter.§ 70A-1a-104
Construction against implied repeal.§ 70A-1a-105
Severability.§ 70A-1a-106
Use of singular and plural -- Gender.§ 70A-1a-107
Section captions.§ 70A-1a-201
General definitions.§ 70A-1a-202
Notice -- Knowledge.§ 70A-1a-203
Lease distinguished from security interest.