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This is an unofficial draft of Article 2B from April 15, 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm SECTION 2B-301. PAROL OR EXTRINSIC EVIDENCE. Terms with respect to which confirmatory records 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 by: (1) course of performance, course of dealing, or usage of trade; and (2) evidence of consistent additional terms unless the court finds the record to have been intended as a complete and exclusive statement of the terms of the agreement. Uniform Law Source: Section 2A-202; Section 2-202. Definitional Cross Reference: "Agreement": Section 1-201. "Court": Section 2B-102. "Record": Section 2B-102. "Term": Section 1-201. Committee Votes and Action: a. Voted 11-0 to strike suggested presumption re merger clauses and return to current Article 2 rule. b. Reviewed in April 1997 without substantive comment. c. At 1997 Annual Meeting, a sense of the house motion adopted to harmonize parol evidence rules in the three articles. Reporter's Notes: Follows current Article 2. |