South Carolina § 36-2-202 Final written expression; parol or extrinsic evidence.

South Carolina Statutes

§ 36-2-202 — Final written expression; parol or extrinsic evidence.

South Carolina·Title 36 COMMERCIAL CODE·Ch. 2 COMMERCIAL CODE—SALES

Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing 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 (Section 36-1-303); and (b) by evidence of consistent additional terms unless the court finds the writing 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 writing 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 (Section 36-1-303); and (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

South Carolina § 36-2-202 (Final written expression; parol or extrinsic evidence.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 1962 Code SECTION 10.2-202; 1966 (54) 2716; 2014 Act No. 213 (S.343), SECTION 6, eff October 1, 2014. Editor's Note 2014 Act No. 213, SECTION 51, provides as follows: "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date." Effect of Amendment 2014 Act No. 213, SECTION 6, in paragraph (a), substituted "performance, course of dealing, or usage of trade (Section 36-1-303)" for "dealing or usage of trade (SECTION 36-1-205) or by course of performance (SECTION 36-2-208)".