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Simple English definitions for legal terms

parol evidence

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A quick definition of parol evidence:

Parol evidence is any agreement that is not written in a contract. This means that any information that was discussed before or during the contract that is not included in writing is not allowed to be used in court, unless there is evidence of fraud, duress, or a mutual mistake. The reason for this rule is to prevent people from lying about what was agreed upon. The court will only look at what is written in the contract to decide a dispute. There are two exceptions to this rule: the collateral contract exception and the ambiguity exception. The collateral contract exception applies when there is a side agreement that does not contradict the original contract and is something that would normally be included in the contract. The ambiguity exception applies when the language in the contract is unclear and the court needs to look at other evidence to determine what was intended.

A more thorough explanation:

In contract disputes, parol evidence refers to any agreement that is not included in the written contract. The parol evidence rule states that these agreements made outside of the contract are not admissible in court, unless there is evidence of fraud, duress, or a mutual mistake. The rule is in place to prevent dishonest attacks on contracts.

The parol evidence rule prohibits extrinsic evidence, including prior or contemporaneous oral agreements and prior or contemporaneous written agreements, that contradict or create a variation of a term in writing that the parties intended to be completely integrated. This means that any information leading up to or during a contract that is not included in writing is considered inadmissible evidence and is excluded from the jury. The jury will only look at the writing within the document itself to decide a contract dispute.

There are two exceptions to the parol evidence rule: the collateral contract exception and the ambiguity exception.

The collateral contract exception applies when the extrinsic agreement is a collateral one, meaning it is not distinct and independent from the original written agreement. The extrinsic agreement must not contradict the express or implied provisions of the written contract, and it must be one that the parties would not ordinarily be expected to embody in the writing.

For example, in Mitchill v. Lath, the plaintiff purchased land from the defendant because the defendant had allegedly promised to remove the ice house. The defendant did not remove the ice house before or after the plaintiff’s purchase. The court enforced the rule of parol evidence and barred the extrinsic agreement because the court found that the removal of the ice house could be reasonably expected to be included in the original written contract.

The ambiguity exception applies when the language in the original written contract is reasonably susceptible to more than one meaning. The court may permit the admissibility of parol evidence to determine the meaning of the contract language under the ambiguity exception.

For example, if a contract states that a buyer will purchase a "red car," but there are multiple shades of red, the court may allow parol evidence to clarify which shade of red was intended.

Overall, the parol evidence rule is in place to ensure that contracts are upheld and that parties cannot use outside agreements to contradict the terms of a written contract.

parol | parol evidence rule

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16:13
@baddestbunny: I did not see that comment. Sorry about that. I listen to war and peace whenever I want to fall asleep. I used to listen to more audiobooks for school. I really don't anymore but most of my political theory was learned via audiobooks. Like the basics. Schmitt, Locke, Mills, Thoreau, Aristotle, Plato, etc.
16:14
@Dkkm11: you like John Rawls?
16:14
Justice as Fairness!
16:14
also wow I didn’t consider that about immigration policy. hmmm
16:17
@Law-Guy: you get it
16:19
@baddestbunny: oh yeah definitly. Idk how any system of government would work if you can't distribute social goods to everyone.
MildChiller
16:33
does anyone know if the Yale webinars are cameras on?
1a2b3c4d26z
16:35
Justice as deez!
17:49
Quentin Tarantino is interested in watching somebody’s ear getting cut off; David Lynch is interested in the ear.
18:03
Quentin Tarantino can't resist putting a gay scene with a black guy participating in the gay act in his movies.
18:05
David Lynch is just gay.
18:18
Lynch is more in touch with his unconscious/dream state than the average person
18:42
Probably. I just dont know. All I know is he did a good job with Dune.
18:45
You should watch Blue Velvet
18:46
How’s your LSAT studying been going?
18:49
It is good. I have about two more weeks and I broke the 90 level on LSAT Demon which is good last night. My goal is 95 so I can probably get it before I test. It is scaled our of 100. This is for LR. My RC is below that but I know the more I get better at MBT questions the better my RC becomes.
18:50
I watched the trailer for that movie. The run time is 2 hours. May watch it on 2x the speed. Just watched se7en and thats like as graphic as I get so I kinda need a break from weird bodyhorror stuff. The sloth guy in that movie scared me.
18:51
I do like psychological horror though.
18:53
Oh jesus don’t watch the movie at all if you’re gonna watch it on 2x speed
18:54
I have never used lsat demon; how do their levels relate to actual lsat scoring?
18:56
kinda go in 20 point intervals. 20 points if you have mastered lvl 1 difficulty questions, 100 points if you have mastered lvl 5.
18:56
Getting 100 points is incredibly difficult though. anything baout 95 is pushing the 175-180 range. 90-95 is like 170-174 or so. etc.
18:56
yeah but if you’re getting a 95 on all sections what LSAT score is that? how is that calculated?
18:56
oh okay
18:57
so 100 would be a 180?
18:57
Yeah, 100 is like you would get a 180 and there's nothing more to teach you. I have only seen someone with a 100 like 2/3 times.
18:57
are you taking practice tests that are being scored though?
18:57
or just drills
18:57
Yep, they get factored into it.
18:58
I do drilling essentially every day. A timed section every 3, and a test every 2 weeks.
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