Parol Evidence And Interpretation

Question 1

Extrinsic evidence of trade usage or of a course of dealing will be available as an additional means of:

Answer 1

Filling contractual gaps or resolving contractual ambiguities.

Question 2

Under the parole evidence rule when parties have adopted a writing as their agreement and intend that the writing represent their full agreement:

Answer 2

No evidence can be admitted to vary, contradict, add to, or subtract from the obligations as they are stated in the writing.

Question 3

What are the six exceptions to the parol evidence rule?

Answer 3

1. Fraud
2. Mistake
3. Illegality
4. Duress
5. Partial integration
6. Conditions Precedent

Question 4

The parol evidence rule does not apply to:

Answer 4

Agreements entered into subsequent to the execution of the written document.

Question 5

Parole evidence is admissible as to do what?

Answer 5

1. Explain or interpret the terms of a written contract or ambiguous terms; or
2. Show that the parties used the words in a non-traditional manner or spoke in code.

Question 6

Evidence that the written agreement was formed from mistake, fraud, or duress may be admissible to prove:

Answer 6

That there was never a contract.