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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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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