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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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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