Contextualists prefer a soft parol evidence rule
: a rule that uses extrinsic evidence to determine whether the exceptions to the parol evidence rule
A major exception to the parol evidence rule
is the fraud exception, which allows admission of extrinsic evidence to challenge whether the agreement is valid or the product of fraud.
Corbin, The Interpretation of Words and the Parol Evidence Rule
, 50 Cornell L.
It dictates the rules of interpretation that courts should follow, among other things codifying the parol evidence rule
(150) and overriding the common law rules of contract interpretation that preceded it.
To begin, the parol evidence rule
does not apply to contracts governed by the CISG.
Shanker, Judicial Misuses of the Word Fraud to Defeat the Parol Evidence Rule
and the Statute of Frauds (With Some Cheers and Jeers for the Ohio Supreme Court), 23 AKRON L.
hard or textualist parol evidence rule
thus narrows the evidentiary base
Contract law's parol evidence rule
bars assertions of agreements, promises, or representations inconsistent with a record the parties intended to be complete on the subject matter.
The parol evidence rule
says that, even after a contract is written in final form, previous verbal agreements are considered valid.
Closely related is the parol evidence rule
, which also honors the written word by prohibiting testimony that contradicts the unambiguous terms of a contract.
Topic: The Parol Evidence Rule
(or PER using the academia vernacular):
Differences between the UCC and the CISG are readily apparent in numerous respects--the parol evidence rule
, statute of frauds, and battle of the forms--and resorting to domestic sales law could provide a conflicting interpretation with the CISG.
One of the guardians of this sanctity has been the parol evidence rule
, which was developed to prevent contracting parties from trying to offer evidence to vary the terms of an unambiguous contract.
The following discussion centers upon several key concepts, including the Statute of Frauds, delivery of communications, the parol evidence rule
, and consideration.
CHAPTER 3 The Statute of Frauds and the Parol Evidence Rule