Parol Evidenve Rule After a contract has been signed, neither party is later permitted to show that the contract they made differs from agreements in written agreement. Also applies to wills and deeds The Rule Parol evidence refers to any evidence, oral or written, which is outside the written contract and not incorporated into it either directly or by reference Only applies to integrated contracts- contained in certain writing to which parties have assented as the statement of complete agreement between them, courts do not consider parol evidence in these contracts Merger clause- states writing is intended to be complete and final expression of agreement, courts see it as conclusive proof of an integrated contract Situations to Which the Rule does not Apply Parol Evidence rule doesn’t apply to: 1. contract partly written and partly oral 2. typo that obviously doesn’t rep the agreement made 3. evidence of lack of contractual capacity of a party 4. a defense of fraud, misrep, duress, undue influence, mistake, illegality, or
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This note was uploaded on 04/07/2008 for the course BLAW 3201 taught by Professor Fry during the Spring '08 term at LSU.