Parol Evidence Rule Flashcards
1
Q
What is the parol-evidence rule and when does it apply and not apply?
A
General Rule: Prior oral evidence not allowed in a total integration. If partial integration, can admit, as long as it does not contradict.
Integration
- Can be shown by clause.
- UCC presumes partially integrated.
- When partially integrated, can only introduce consistent evidence.
Intent of the Parties
- 4 Corners Rule - Common Law
- Naturally Omitted - 2nd restatement, allowed as long as it does not contradict writing.
- Certainly - UCC
Does not Apply
- Raising a defense
- Ambiguity
- Prove condition precedent/separate agreement
- UCC: trade usage, prior dealings, course of performance.
