step, the judge relies on legal principles related to the
parol evidencePosner, 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.
