Florida Statute 672.208 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.208

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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Amendments to 672.208

Annotations, Discussions, Cases:

Cases Citing Statute 672.208

Total Results: 6

Fabrica Italiana Lavorazione Materie Organiche, S. A. S. v. Kaiser Aluminum & Chemical Corporation, Kaiser Aluminum & Chemical Sales, Inc.

684 F.2d 776, 34 U.C.C. Rep. Serv. (West) 1193, 1982 U.S. App. LEXIS 25993

Court of Appeals for the Eleventh Circuit | Filed: Sep 1, 1982 | Docket: 1251760

Cited 46 times | Published

FILMO was entitled under U.C.C. § 2-208, F.S.A. § 672.208, to introduce evidence of usage of trade to explain

Frank Griffin Volkswagen, Inc. v. Smith

610 So. 2d 597, 1992 WL 365476

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1413155

Cited 10 times | Published

Foods, Inc., 107 B.R. 977 (Bankr.D.S.D. 1989). Section 672.208(1), Florida Statutes (1987) (UCC § 2-208(1))

IBP, Inc. v. Hady Enterprises, Inc.

267 F. Supp. 2d 1148, 51 U.C.C. Rep. Serv. 2d (West) 950, 2002 U.S. Dist. LEXIS 18777, 2002 WL 32113050

District Court, N.D. Florida | Filed: Feb 26, 2002 | Docket: 2439983

Cited 9 times | Published

determined by the usage of trade. See FLA. STAT. ANN. § 672.208(2) (West 1993). Further, the evidence at trial

Premix-Marbletite Manufacturing Corp. v. SKW Chemicals, Inc.

145 F. Supp. 2d 1348, 46 U.C.C. Rep. Serv. 2d (West) 77, 2001 U.S. Dist. LEXIS 7809, 2001 WL 673454

District Court, S.D. Florida | Filed: Apr 24, 2001 | Docket: 388925

Cited 9 times | Published

determine the meaning of the agreement." Fla. Stat. § 672.208(1) (emphasis supplied). As the highlighted language

Daytona Migi v. Daytona Automotive Fiberglass

388 So. 2d 228, 1980 Fla. App. LEXIS 16844

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 1200656

Cited 9 times | Published

advise them of costs on assembled units. [5] § 672.208 Fla. Stat. (1979); Restatement of Contracts §§

Gulf Power Co. v. Coalsales II, L.L.C.

661 F. Supp. 2d 1270, 2009 U.S. Dist. LEXIS 95949, 2009 WL 3190459

District Court, N.D. Florida | Filed: Sep 30, 2009 | Docket: 2281928

Cited 1 times | Published

of dealing or usage of trade. See Fla. Stat. § 672.208. However, when such a construction is unreasonable