Del. Code tit. 6 § 2A-202

Current through 2024 Legislative Session Act Chapter 510

Section 2A-202 - Final expression: parol or extrinsic evidence

Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

(a) By course of dealing or usage of trade or by course of performance; and

(b) By evidence of consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive statement of the terms of the agreement.

6 Del. C. § 2A-202

Amended by Laws 2023 , ch. 174, s 16, eff. 8/18/2023.

68 Del. Laws, c. 249, §1.;