Florida Statute 672.208 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 672.208

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.208.

Annotations, Discussions, Cases:

Cases Citing Statute 672.208

Total Results: 3

Frank Griffin Volkswagen, Inc. v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1992-12-11

Citation: 610 So. 2d 597, 1992 WL 365476

Snippet: [UCC § 1-205]) or by course of performance (s. 672.208 [UCC § 2-208]); and (2) By evidence of consistent

City of Boca Raton v. Gold Coast Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1982-01-13

Citation: 410 So. 2d 174, 1982 Fla. App. LEXIS 18956

Snippet: trade (s. 671.205) or by course of performance (s. 672.208); and (2) By evidence of consistent additional

Daytona Migi v. Daytona Automotive Fiberglass

Court: District Court of Appeal of Florida | Date Filed: 1980-08-06

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

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