15-4: The Parol Evidence Rule

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parol evidence 15-4 The Parol Evidence Rule Sometimes, a written contract does not include–or contradicts–an oral understanding reached by the parties before or at the time of contracting. For instance, a landlord might tell a person who agrees to rent an apartment that she or he can have a cat, whereas the lease contract clearly states that no pets are allowed. If a dispute later arises over whether or not the tenant can have a cat, can the landlord's oral statements be introduced into evidence? In determining the outcome of such disputes, the courts look to a common law rule governing the admissibility in court of oral evidence, or parol evidence. Under the parol evidence rule, if a court finds that the parties intended their written contract to be a complete and final statement of their agreement, then it will not allow either party to present parol evidence (testimony or other evidence of communications between the parties that are not contained in the contract itself). 15-4a Exceptions to the Parol Evidence Rule Because of the rigidity of the parol evidence rule, the courts have created the following exceptions: 1. Contracts subsequently modified. Evidence of any subsequent modification (oral or written) of a written contract can be introduced…show more content…
Contracts subject to an orally agreed-on condition precedent. As you will read in Chapter 17, sometimes the parties agree that a condition must be fulfilled before a party is required to perform the contract. This is called a condition precedent. If the parties have orally agreed on a condition precedent and the condition does not conflict with the terms of a written agreement, then a court may allow parol evidence to prove the oral condition. The parol evidence rule does not apply here because the existence of the entire written contract is subject to an orally agreed-on condition. Proof of the condition does not alter or modify the written terms but affects the enforceability of the written

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