Oregon Statutes - Chapter 72 - Sales - Section 72.2080 - 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.

(3) Subject to the provisions of ORS 72.2090 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. [1961 c.726 §72.2080]

Section:  Previous  72.2010  72.2020  72.2030  72.2040  72.2050  72.2060  72.2070  72.2080  72.2090  72.2100  72.3010  72.3020  72.3030  72.3040  72.3050  Next

Last modified: August 7, 2008