N.D. Cent. Code § 41-02-09

Current through the 2023 Legislative Sessions

Section 41-02-09 - (2-202) 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 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.

N.D.C.C. § 41-02-09

Amended by S.L. 2023 , ch. 371( HB 1082 ), § 8, eff. 8/1/2023.