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For Upload Parol Evidence UCC 2-202

The document discusses the Parol Evidence Rule under Article 2-202 of the UCC. It outlines three levels of document integration: 1) the document is not a final expression, 2) the document is partially integrated (final expression but additional terms may supplement), and 3) the document is fully integrated (complete statement of all terms). It then analyzes when extrinsic evidence is admissible, such as to show fraud, mistake, or condition of agreement. Extrinsic evidence is generally not admissible to contradict the terms of a fully integrated document.

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Inez Petersen
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1K views1 page

For Upload Parol Evidence UCC 2-202

The document discusses the Parol Evidence Rule under Article 2-202 of the UCC. It outlines three levels of document integration: 1) the document is not a final expression, 2) the document is partially integrated (final expression but additional terms may supplement), and 3) the document is fully integrated (complete statement of all terms). It then analyzes when extrinsic evidence is admissible, such as to show fraud, mistake, or condition of agreement. Extrinsic evidence is generally not admissible to contradict the terms of a fully integrated document.

Uploaded by

Inez Petersen
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Parol Evidence Rule Guide: Explains the conditions and applications of the Parol Evidence Rule under Article 2-202, specifically addressing integration levels and admissibility of statements.

Parol Evidence Rule (Article 2-202)

Document is NOT final expression

Document is final expression (partially integrated)

Doc is complete and exclusive statement of all terms (fully integrated)

1. Evidence is from prior agreement, contemporaneous oral agreement, offered to contradict 2. Evidence is from prior agreement, contemporaneous oral agreement, offered to explain or supplement with additional term 3. 2-202(a) Evidence of course of previous dealing, usage of trade, and course of performance to explain and supplement any writing on assumption that these were taken for granted when K phrased 2-202(a) and [OC 2] Also 1-303 hierarchy, Pg 33 UCC 4. Evidence is from subsequent oral or written agreement; actual performance is considered best indication of what parties intended the writing to mean [OC 2] and 2-209 re Modification of K 5. Evidence is offered to show fraudulent inducement, mistake, duress, absence of consideration, lack of assent, condition to contract formation, or lack of integration Also 1-103(b) (principles of law and equity supplement UCC)

Admissible

Not Admissible

Not Admissible

Admissible

Admissible

Not Admissible

Admissible

Admissible

Admissible

Admissible

Admissible

Admissible

Admissible

Admissible

Admissible

Whether the document is final, complete and exclusive, or neither, depends on the intent of the parties. Courts disagree on whether they should go outside the 4 corners of the document or consider the parol evidence itself in determining that question. st 1 sentence of 2-202, confirmatory memo and other writings showing final expression st 1 sentence of 2-202 and 2-202(b) Whether an offered term contradicts or supplements the writing is often subject to argument If the addl terms are such that, if agreed upon, they would certainly have been included in the doc, then evidence will NOT be considered. [OC 3]

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