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This is an unofficial draft of Article 2B from March 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm SECTION 2B-302. COURSE OF PERFORMANCE OR PRACTICAL CONSTRUCTION. (a) Where the contract 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. (b) The express terms of an 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 control course of performance, course of dealing and usage of trade; course of performance controls both course of dealing and usage of trade; and course of dealing controls usage of trade. (c) Subject to Section 2B-303 and 2B-606, course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance. Uniform Law Source: Section 2A-207; Section 2-208; Section 1-205. Revised. Definitional Cross Reference: "Agreement": Section 1-201. "Contract": Section 2B-102. "Party": Section 1-201. "Term": Section 1-201. Committee Vote: a. The Committee voted unanimously to adopt this section. (September, 1996) b. Reviewed without substantive comment. (April, 1997). Reporter's Note: Conforms to Article 2.
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