(1) If a lease 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 is relevant to determine the meaning of the lease agreement.
(2) The express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade.
(3) Subject to the provisions of s. 680.208 on modification and waiver, course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
History.—s. 1, ch. 90-278.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221)
680.202 - Final written expression: parol or extrinsic evidence.
680.204 - Formation in general.
680.206 - Offer and acceptance in formation of lease contract.
680.207 - Course of performance or practical construction.
680.208 - Modification, rescission, and waiver.
680.209 - Lessee under finance lease as beneficiary of supply contract.
680.212 - Implied warranty of merchantability.
680.213 - Implied warranty of fitness for particular purpose.
680.214 - Exclusion or modification of warranties.
680.215 - Cumulation and conflict of warranties express or implied.
680.216 - Third-party beneficiaries of express and implied warranties.
680.218 - Insurance and proceeds.