blaw contracts in writing

blaw contracts in writing - Parol Evidenve Rule After a...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.
Ask a homework question - tutors are online