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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Schwartz & Scott, Redux, supra note 140, at 932 (noting that a formalist or textualist interpretation "embodies a hard parol evidence rule, retains the plain meaning rule, gives presumptively conclusive effect to merger clauses [(also called integration clauses)], and, in general, permits the resolution of many interpretation disputes by summary judgment" (footnote omitted)).
The Uniform Commercial Code version of the parol evidence rule, [section] 2-202, wisely avoids the use of the term "integration.
There is, for example, a federal version of the parol evidence rule, and many doctrines that implement the Constitution, such as the tiers of scrutiny and the various First Amendment tests.
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.
enforces bargains, retains a hard parol evidence rule and a plain
First, in Part III, we look at the parol evidence rule and then, in Part IV, we turn to the issue on the merits.
181) Furthermore, the court accurately noted that the CISG did not contain a parol evidence rule like the UCC.
After purportedly ascertaining the meaning of the writing, the court applies the parol evidence rule to exclude from the fact finder's consideration only the evidence that contradicts or varies the meaning of the agreement.
Interpretation: "Battle of the Forms" and Parol Evidence Rule
8) Once the donee beneficiary is identified, the contract should be subject to the parol evidence rule as any contract.
This Essay focuses on these rules of contractual interpretation, and the parol evidence rule in particular.