S.D. Codified Laws § 57A-2-202

Current through the 2024 Legislative Session

Section 57A-2-202 - 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 performance, course of dealing or usage of trade (§ 57A-1-303); 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.

SDCL 57A-2-202

SL 1966, ch 150, § 2-202; SDCL § 57-3-4; SL 2008, ch 259, §26; SL 2024, ch 198, §9.

Amended by S.L. 2024, ch. 198,s. 9, eff. 7/1/2024.