Parol Evidence
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Statutes
Terms with respect to which the confirmatory memoranda of the parties agree, or that are otherwise set out in a writing intended by the parties as a final expression of their agreement with respect to the terms included in the writing, may not be contradicted by evidence of a prior agreement or of a contemporaneous oral agreement, but may be explained or supplemented by course of performance, course of dealing, or usage of trade; and by evidence of consistent additional terms unless the court finds the writing was intended also as a complete and exclusive statement of the terms of the agreement. (AS 45.02.202)
Cases
The parol evidence rule provides that an integrated contract, one that is intended to describe the entire agreement, cannot be varied through the introduction of evidence about prior negotiations or agreements. Alaska Diversified Contractors, Inc. v. Lower Kuskokwim Sch. Dist., 778 P.2d 932, 934 (Alaska 1989). However, extrinsic evidence is always admissible on the question of the meaning of the words of the contract itself. Id. at 584 (citing Restatement (Second) of Contracts ยง 214).
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Contributors
Michael J. Parise, Esq.
The statutory information was edited and reviewed with the support of MultiState
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