Next Generation Bar Exam Quiz
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CONTRACTS
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UCC § 2-202 provides in relevant part: 'Terms ... 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...'
Retailer and Manufacturer negotiated the sale of 2,000 custom lamps. During those negotiations, Manufacturer orally promised free delivery. They then signed a document titled 'Memorandum of Intent' that stated: 'The parties will continue negotiating a definitive contract. This memorandum is not a final expression of the parties' agreement.' The memorandum listed price, quantity, and delivery date but did not mention delivery charges. Retailer later claims Manufacturer breached the free-delivery promise and offers evidence of the oral promise. Manufacturer objects under the parol evidence rule.
Should the court admit the evidence of the oral delivery promise?
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