Parol Evidence Rule

Question 1

What is the parol evidence rule?

Answer 1

When courts are interpreting a contract, extrinsic evidence can’t be used to modify or supplement a written contract

Question 2

The parol evidence rule only applies to

Answer 2

written contracts that are integrated agreements that is binding

Question 3

What is a completely integrated agreement?

Answer 3

writing that is adopted as a final and complete statement of the terms

Question 4

What is a partially integrated agreement?

Answer 4

writing that is adopted as a final but not complete statement of the terms

Question 5

Under the parol evidence rule, the court generally may not consider certain types of ___________ when interpreting a binding, integrated agreement.

Answer 5

extrinsic evidence

Question 6

When interpreting a completely integrated agreement the court may not use extrinsic evidence to:

Answer 6

modify or supplement the contract

Question 7

What is parol evidence?

Answer 7

evidence pertaining to the agreement that is not included in the written contract

Question 8

What is a merger clause?

Answer 8

a clause that states that the written contract is the complete and final representation of the parties’ agreement (assures court will follow parol evidence rule)

Question 9

extrinsic evidence must be

Answer 9

prior to or contemporaneous to written contract

Question 10

If an ambiguity exists, ________ may be admitted

Answer 10

extrinsic evidence

Question 11

The parol evidence rule excludes evidence of any

Answer 11

prior oral or written agreements made before the present agreement, as well as any contemporaneous oral agreements

Question 12

Extrinsic evidence may be used to establish:

Answer 12

integration, meaning of ambitious term, defense to enforceability, whether a remedy should be enforced or denied