Terms with respect to which the confirmatory memoranda of the parties agree or which 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:
(1) By course of performance, course of dealing, or usage of trade (KRS 355.1-303);

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Terms Used In Kentucky Statutes 355.2-202

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Statute: A law passed by a legislature.

and
(2) By 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.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 242, sec. 26, effective July 12, 2006. — Created
1958 Ky. Acts ch. 77, sec. 2-202, effective July 1, 1960.
Legislative Research Commission Note (7/12/2006). Under the authority of KRS
7.136(1), the Reviser of Statutes has changed the internal numbering system in this statute by inserting subsection numbers [(1) and (2)] in place of paragraph designations [(a) and (b)]. The words in the text were not changed.