Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

parol evidence rule

Read a random definition: transparency

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
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?
LSD+ is ad-free, with DMs, discounts, case briefs & more.