§490:2-202 - Final written expression: parol or extrinsic evidence. - Hawaii Statutes

     §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.