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.
The parol evidence rule functions to permit parties to control the
law, a hard parol evidence rule gives presumptively conclusive effect to
Posner, The Parol Evidence Rule, the Plain Meaning Rule, and the
The court's main focus in the opinion is whether the parol evidence rule applied under the CISG.
231) Without resolving the choice of law question, the Fifth Circuit stated that the parol evidence rule would apply regardless of whether Texas law or the CISG governed the dispute.
Article 2 has adopted a variant of the parol evidence rule for the sale of goods.
The near universal adoption of the parol evidence rule provides strong support that the rule also should apply to electronic contracts.
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.
The court should resolve the issue of whether the parol evidence rule is applicable to exclude testimony by the depositors when an account expressly states that it is not an entireties account, or affirmatively states that it is something other than TBE property.
Judge Harris stated that resort to the parol evidence rule was not permitted since Beal Bank was not a third-party beneficiary of the deposit agreement.
