North Dakota § 41-02-09 (2-202) Final expression - Parol or extrinsic evidence

North Dakota Statutes

§ 41-02-09 — (2-202) Final expression - Parol or extrinsic evidence

North Dakota § 41-02-09

Title 41Uniform Commercial Code

Ch. 41-02Sales

This text of North Dakota § 41-02-09 ((2-202) Final expression - Parol or extrinsic evidence) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-02-09 (2026).

Text

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:

1.By course of performance, course of dealing, or usage of trade (section 41-01-17); and

2.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.

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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:
1. By course of performance, course of dealing, or usage of trade (section 41-01-17); and
2. 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.