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Simple English definitions for legal terms

parol evidence

Read a random definition: Cour de Cassation

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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it's actually getting really annoying
MrThickRopes
17:46
2 Late llama
17:50
@HeadyInvincibleRabbit: Sorry fren. Try to keep ur chin up and be patient (as tough as that sounds). Also, did you receive an LSAC conformation email ensuring your apps were sent?
17:51
@MrThickRopes: Try spicy water (sparkling water). It has all the pros of beer and none of the negatives.
Mostlylegal
17:54
I love sparkling water
17:55
@Mostlylegal: Gets it.
MrThickRopes
17:56
Na I’m drinking dat white claw
white claw should be considered spicy water
17:57
I heard Wyte Claws are outlawed on law school campuses since there are no laws when drinkin claws, hence they defeat the purpose of learning law, is that true?
17:58
They cancel out, like -1 * -1 = 1
MrThickRopes
18:06
na cause if you gonna break the law you gotta know the law so you know what laws to break
18:10
165+ scorer answer that is.
MrThickRopes
18:12
Yeah I got a 165. A 165 inch
babycakes
18:13
i had limoncello la croix today that shit was fire
MrThickRopes
18:18
low key whiteclaw don't taste good at all
B-I-N-G-O
18:18
prosecco+ sparking lemon water + limoncello is a great combo
18:23
wow, for one the chat is enriched with people of fine taste, colour me flabbergasted!
18:23
once*
MrThickRopes
18:23
but i'll still pound dem biches back
@llama: yea.. it says complete and all that on my status checker.. It says under review on my lawhub status checker too so i really don't know what they're thinking
MrThickRopes
18:35
just drink a few claws about it bruh
18:45
@HeadyInvincibleRabbit: https://www.reddit.com/r/lawschooladmissions/comments/1jt3hdb/share_of_lsdata_users_that_have_heard_back_from/ Re 87% in that time frame have heard back (of LSD users). So figure 70% of BC applicants use LSD, I would say there is a decent chance you will hear back hopefully soon. IG from the school chat on here there was a recent R wave, so if that was not you, that is a plus
@llama thanks bro just tryna stay positive
in addition to formal LOCIs that I attach to emails, i can also send shorter emails closer to deposit deadlines to express my continued interest, right??
20:29
@HeadyInvincibleRabbit: LOCIs every 4 weeks if you are wait listed is what I have been told. On schools you have not heard from, I have also heard you should not contact them. I disagree: admittance is a binary event [with infinite inputs like ur gpa, lsat, how the adcom is feeling that day, if they like u for whatever reason outside of your control] : you get in or you do not, so if by u emailing them a few times to express your continued interest/ if you have a question, I do not see the issue with that. However, someone else here may say otherwise. Take what I say with a micro grain tho lol
Denny
21:24
Dk wya
Denny
21:24
We tubbing
did someone say dk
MrThickRopes
22:08
yoooooooooooooooooooooo
MrThickRopes
22:08
WHO UPPPP WE GETTIN LITTT TN
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