• Current through October 23, 2012

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:

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

(2) 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.

(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)



Uniform Statutory Source

Section 2-202.

Definitional Cross References

"Agreement". Section 1-201(3).

"Course of dealing". Section 1-205.

"Party". Section 1-201(29).

"Term". Section 1-201(42).

"Usage of trade". Section 1-205.

"Writing". Section 1-201(46).

Prior Codifications

1981 Ed., § 28:2A-202.

Legislative History of Laws

For legislative history of D.C. Law 9-128, see Historical and Statutory Notes following § 28:2A-101.