Parol Evidence

Question 1

Does the parol evidence rule bar evidence of subsequent modifications to the contract?

Answer 1

No, only prior and contemporaneous oral agreements, and prior written agreements, are barred by the parol evidence rule; evidence of subsequent modifications is not barred.
UCC 2-202

Question 2

What does course of dealing mean?

Answer 2

A “course of dealing “ is the past routine of dealings between the parties to a particular transaction.

Question 3

What is trade usage?

Answer 3

The custom of the trade in general, not the parties themselves.

Question 4

Course of performance

Answer 4

Course of performance is a sequence of conduct between the parties to particular transaction that exists if (1) the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party and (2) the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance

Question 5

Parol Evidence

Answer 5

2-202
Terms in which the parties agree or are set forth in writing indented by the parties as a final expression of their agreement may NOT be contradicted by evidence of any prior agreement or of an oral agreement.