Parol Evidence Rule

Question 1

What bucket does PER apply to?

Answer 1

Whether a contract has been PERFORMED - looking to see what evidence you should use to see if a party has complied or not

Question 2

What kinds of statements does PER apply to?

Answer 2

EARLIER oral or written statements

About the SAME DEAL

(later statements are considered modifications)

Question 3

Gateway PER question

Answer 3

Have the parties created a fully integrated writing?

Question 4

UCC PER presumption

Answer 4

Let it in UNLESS parties would have CERTAINLY included the disputed term in the writing

(presumption is that writing is only partially integrated)

Question 5

Common Law PER presumption

Answer 5

Would the disputed piece have been “naturally omitted” from the writing?

If yes, then can be introduced IF it does not contradict the writing.
If no, then barred from introducing it.

Question 6

What kind of earlier statements does PER NOT bar from entering?

Answer 6

1. Evidence about a defense to contract formation (that is considered a separate inquiry)
2. Evidence of a second, separate deal
3. Evidence of a prior communication that interprets an ambiguous term