§490:2-202  Final written expression:  parol
or extrinsic evidence.  Terms with respect to which the confirmatory
memoranda of the parties agree or that 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 by:



(a) Course of performance, course of dealing, or
usage of trade (section 490:1-303); and



(b) 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. [L 1965, c 208, §2-202; HRS
§490:2-202; am L 2004, c 162, §5]



 



Case Notes



 



  Where written contract is ambiguous as to amount of payment
due on delivery, it is proper for court to hear extrinsic evidence to determine
intent.  577 F.2d 568.



  Mentioned with respect to finality of a written agreement
entered into by an association of owners of a condominium.  2 H. App. 285, 630
P.2d 652.



  Written lease could be supplemented by oral option to buy.  4
H. App. 1, 658 P.2d 343.



  Lease intended to be complete and parol evidence regarding
intent excluded.  4 H. App. 341, 666 P.2d 622.