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Simple English definitions for legal terms

parol evidence rule

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A quick definition of parol evidence rule:

The parol evidence rule is a legal rule that says any agreements made outside of a written contract cannot be used in court unless there is evidence of fraud, duress, or a mutual mistake. This means that any information that is not included in the written contract is not allowed as evidence in a contract dispute. The rule is meant to prevent people from lying about what was agreed upon in a contract. There are two exceptions to the rule: the collateral contract exception and the ambiguity exception. The collateral contract exception applies when there is a side agreement that is related to the original written contract and meets certain conditions. The ambiguity exception applies when the language in the written contract is unclear and can be interpreted in more than one way. In this case, extrinsic evidence can be used to determine the true meaning of the contract.

A more thorough explanation:

The parol evidence rule is a legal principle that states that any agreement made outside of a written contract is inadmissible in court unless there is evidence of fraud, duress, or a mutual mistake. 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 therefore only look at the writing within the document itself to decide a contract dispute.

For example, if two parties sign a contract to buy a car and later have a verbal agreement to change the payment terms, that verbal agreement cannot be used in court to dispute the original contract.

The parol evidence rule is codified in U.C.C. § 2-202, which states that terms in a writing intended by the parties as a final expression of their agreement may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented by course of dealing, usage of trade, or by course of performance; and by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

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, does not contradict the express or implied provisions of the written contract, and is one that the parties would not ordinarily be expected to embody in the writing.

For example, if two parties sign a contract to buy a car and later have a verbal agreement to include a free oil change, that verbal agreement may be admissible in court if it meets the three conditions of the collateral contract exception.

The ambiguity exception applies when the language in the original written contract is reasonably susceptible to more than one meaning. In this case, the court will permit the admissibility of parol evidence to determine the meaning of the contract language.

For example, if two parties sign a contract to buy a car and the contract states that the car will be delivered "as is," but there is a dispute over what "as is" means, the court may allow parol evidence to determine the parties' true intentions.

parol evidence | Parole

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JumpySubsequentDolphin
11:32
hot yoga was fun
JumpySubsequentDolphin
11:32
i loved barre and pilates when i did them together
m10
11:33
Here's an article from Testosterone nation for all you men out there on why stretching is bullshit. https://archive.t-nation.com/training/stretching-is-b-s/
snow
11:36
M so close to crashing out
BulbasaurNoLikeCardio
11:36
@babycat: If the person I am mentoring decides to listen to my advice instead of just discussing my advice I will pay you to tutor her. You seem like a smart, good and well put together person that she can probably learn well from.
babycat
11:37
Aw that’s so sweet Bulbasaur <3
11:39
@m10: stretching absolutely helps with tight tendons lol
11:39
now kiss
m10
11:40
@EvolBunny: Indeed! I am just riffing. Practicing for when I get into Chicago and do standup there on the weekends and get mad pussy.
11:40
You only do cardio on the weekends ;)
babycat
11:40
@m10: I have a friend that does this but he doesn’t get mad pussy
m10
11:40
I'll work that in! Sounds like a good way to segway.
m10
11:41
@babycat: yeah, well unlike 99.99% of people who do standup I will.
BulbasaurNoLikeCardio
11:41
To do stand up comedy you have to have fat balls, that is awesome
m10
11:41
Woah, I got little balls. Like Adam Friedland. I ain't no Stavros.
what are we hoping for today?
m10
11:44
Nothing. No news is good news for me.
11:44
Crickets coming from my status update
babycat
11:45
dk are we gonna go to a homoerotic law school together?
11:45
@m10: at undergrad froshers: https://www.youtube.com/watch?v=6YEarMyIAzs
m10
11:46
@EvolBunny: God damn, classic Randy.
babycat
11:48
Going to law school with you is even more fun than going to San Sebastian, Irún, Hendaye, Biarritz, Bayonne or being sick to my stomach on the Travesera de Gracia in Barcelona partly because in your orange shirt you look like a better happier St. Sebastian partly because of my love for you, partly because of your love for yoghurt partly because of the fluorescent orange tulips around the birches partly because of the secrecy our smiles take on before people and statuary
m10
11:49
Man, there is this girl I visit every month at this one restaurant who I used to go skinny dipping with naked like @ararara always talked about in San Diego. We randomly reconnected like two months ago at this place she works at and we talk a lot about John Steinbeck books. If I don't visit her this month, she might be sad. However, this is my first day not sick and I worry about getting her sick and I am broke. What should I do LSD?
m10
11:49
Thanks @babycat that means a lot!
m10
11:50
Glad we can both be content at Scalia law. One of my favorites.
you can ask her if she wants to risk getting sick
11:50
hi lsd
m10
11:50
I dont have her number or any social media. This is one of those regular kinda things in restaurant and bar culture.
11:50
berk td is unlikely so BERK MONDAY :eyes:
hi eggan :)
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