Wisconsin Code § 411.207

Course of performance or practical construction
Open in Lexace · Ask the AI about this section
(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,
shall 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. 411.208 on modification
and waiver, course of performance is relevant to show a waiver or
modification of any term that is inconsistent with the course of
performance.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.