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 Rule8) Once the donee beneficiary is identified, the contract should be subject to the
parol evidence rule as any contract.
On this note, the
parol evidence rule is also eliminated under the convention.
This Essay focuses on these rules of contractual interpretation, and the
parol evidence rule in particular.
