70A-2a-207 - Course of performance or practical construction.
70A-2a-207. Course of performance or practical construction.
(1) If a lease contract involves repeated occasions for performance by either party withknowledge of the nature of the performance and opportunity for objection to it by the other, anycourse of performance accepted or acquiesced in without objection is relevant to determine themeaning of the lease agreement.
(2) The express terms of a lease agreement and any course of performance, as well asany course of dealing and usage of trade, must be construed whenever reasonable as consistentwith each other; but if that construction is unreasonable, express terms control course ofperformance, course of performance controls both course of dealing and usage of trade, andcourse of dealing controls usage of trade.
(3) Subject to the provisions of Section 70A-2a-208 on modification and waiver, courseof performance is relevant to show a waiver or modification of any term inconsistent with thecourse of performance.
Enacted by Chapter 197, 1990 General Session