step, the judge relies on legal principles related to the parol evidence
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
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
The parol evidence
rule is one guideline used by the courts.