parol evidence


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parol evidence

A rule that parol (oral) evidence will not be admissible to vary the terms of a written contract. On the other hand, if some term of the written contract is ambiguous on its face, then parol evidence is admissible to explain that term. Under the Uniform Commercial Code, if the contract has to do with the sale of goods, more latitude is granted to explain or supplement the contract by parol evidence of typical business practices. Much less latitude is given with real estate contracts.

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23) Other situations of contract enforcement where the identification of a donee beneficiary is exempt from the parol evidence rule are admittedly scant.
29) Under this view, since conveyances are generally in writing, the parol evidence rule is engaged.
38) Its spirit lingers on today masquerading as the inevitable result of the parol evidence rule.
3d at 1389 (holding that the parol evidence rule does not apply to contracts governed by the CISG).
14) Herbert Berstein & Joseph Lookofsky, Understanding the CISG in Europe 29 (1997) ("[T]he CISG has dispensed with the parol evidence rule which might otherwise operate to exclude extrinsic evidence under the law of certain Common Law countries.
governing, respectively, parol evidence and the meaning of terms.
hard or textualist parol evidence rule thus narrows the evidentiary base
govern parol evidence questions if the default is soft, and the converse
185) Second, the court relied on "the great weight of academic commentary" to support its assertion that Article 8(3) was a rejection of the parol evidence rule.
The court used this principle of uniformity in determining that both subjective intent and parol evidence of this subjective intent had to be examined before a finding for either party could be made.
32] Instead of precluding the depositors from presenting extrinsic evidence of their intent, Judge Harris found the parol evidence rule inapplicable, as Beal Bank was not claiming an interest as a third party beneficiary of the deposit agreements involved.
Although parol evidence cannot be used to vary, modify, or contradict the express terms of a written contract,[35] such is not the case when a party who is not a signatory or a third party beneficiary of a contract is involved.