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: (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 record 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; Apr. 20, 2024, D.C. Law 25-158, § 2, 71 DCR 2265.) Prior Codifications 1981 Ed., § 28:2A-202. Section References This section is referenced in § 28:2A-214. Uniform Commercial Code Comment 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).
District of Columbia Legal Code