SD Bar Practice Questions - South Dakota Bar Examination Exam

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Buyer and Seller sign a written contract for the sale of a custom-built widget for $750. The contract states: 'This is the complete and final agreement of the parties.' At trial, Buyer offers evidence that the parties orally agreed Seller would also provide a one-year service plan. Under the UCC, the oral evidence is:

Always admissible because oral agreements survive the parol evidence rule under the UCC Inadmissible because the writing is fully integrated and the alleged term contradicts the writing Inadmissible because the writing contains an integration clause, making it presumptively a complete and exclusive statement, although evidence of consistent additional terms may still be admissible if not contradictory Admissible only if Seller signed the alleged service-plan agreement separately

Correct Answer:

Inadmissible because the writing contains an integration clause, making it presumptively a complete and exclusive statement, although evidence of consistent additional terms may still be admissible if not contradictory

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