Parol Evidence

Question 1

Parol Evidence

Answer 1

A party CANNOT introduce a prior or contemporaneous agreement (oral/written) that contradicts a later written contract.

The Parol Evidence Rule DOES NOT apply to subsequent agreements.

Question 2

Exceptions to Parol Evidence:

Answer 2

1) To correct a clerical error or typo.
2) To establish a defense against the formation.
3) To interpret vague or ambiguous terms (but
courts will interpret using the Plain Meaning
Rule).
4) To supplement partially integrated writing.

Question 3

Partially Integrated Writing

Answer 3

the writing does not contain a complete statement of all the terms.

− Proof is allowed if it does not contradict the writing.

Question 4

Fully Integrated Writing

Answer 4

a complete and exclusive statement of terms; discharges prior agreements.

− Merger clause is evidence that the writing is complete on its face (fully integrated).