Statute · New York Uniform Commercial Code
N.Y. U.C.C. Law § 2-208 — Course of Performance or Practical Construction
N.Y. U.C.C. Law § 2-208
- Type
- Statute
- Source
- New York Uniform Commercial Code
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
Section 2--208. Course of Performance or Practical Construction.
Citator
N.Y. U.C.C. Law § 2-208 — Course of Performance or Practical Construction is in force in the current edition of the Code, and nothing recorded condemns it.
Section 2--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 (Section 1--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.