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 performance, course of dealing, or usage of trade (Section 70A-1a-303) or by course of performance (Section 70A-2-208); and |
Terms Used In Utah Code 70A-2-202
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Writing: includes :Utah Code 68-3-12.5
| (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. |
Amended by Chapter 272, 2007 General Session
