Delaware Code

6 Del. C. § 2-202 (2026)

Final expression: parol or extrinsic evidence

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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:

(a) By course of performance, course of dealing, or usage of trade (§ 1-303); and

(b) 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.

5A Del. C. 1953, §§  2-202;  55 Del. Laws, c. 349;  74 Del. Laws, c. 332, §  5;  84 Del. Laws, c. 174, § 8;