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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Posner, The Parol Evidence Rule, the Plain Meaning Rule, and the Principles of Contractual Interpretation, 146 U.
Thus, it is unclear why the court could not use parol evidence to supplement the agreement and fill in the necessary gaps created by the lack of an authenticated translation.
The California Supreme Court recently breathed new life into the fraud exception by holding that parol evidence of oral misrepresentations can be admitted, even to contradict a written agreement, in order to prove fraud.
If the contract is ambiguous, the court must consider any extrinsic evidence which sheds light on the intentions of the parties at the time of the execution of the contract." (19) The court thus stated an exception to what is the most prevalent version of the parol evidence rule.
It dictates the rules of interpretation that courts should follow, among other things codifying the parol evidence rule (150) and overriding the common law rules of contract interpretation that preceded it.
(18) The CISG's elevation of subjective intent, like its elimination of the parol evidence rule, in many ways runs contrary to many central pillars of traditional U.S.
governing, respectively, parol evidence and the meaning of terms.
This is the basic reason behind the parol evidence rule, which normally restrains those who seek to go outside or against the written documents that define the relationships by which parties agree to be bound.
(4) If the consumer attempts to avail himself of an express warranty when something goes wrong with the product, the licensor can point to the e-disclaimer and integration clauses and claim that evidence of the express warranty is inadmissible under contract law's parol evidence rule.
The parol evidence rule is one guideline used by the courts.