Parol Evidence

Question 1

what is parol evidence

Answer 1

After a contract is formed, one party tries to admit oral evidence in the contract
- Prior to or contemporaneous with the contract

Question 2

when Parol Evidence is always allowed

Answer 2

a. To prevent fraud or duress;
b. To prove existence of condition precedent;
c. In a sale of goods hypo to show course of dealing (how parties have conducted biz between each other) OR trade / custom (custom in biz/industry)

Question 3

Partial K

Answer 3

• consistent, additional terms admitted
• terms that materially alter OR contradict material terms = NOT admitted

PARTIAL K = DEFAULT, unless they tell you it’s final

Question 4

Final K

Answer 4

• NOTHING admitted
• parol evidence is INADMISSIBLE
• evidence only admitted if to clear up an ambiguity

NEVER ASSUME K IS FINAL UNLESS THEY TELL YOU