Parol Evidence Rule

Question 1

Parol Evidence Rule Definition

Answer 1

Once the parties have reduced their agreement to writing that they intend to contain the final and complete statement of their agreement, neither party may introduce evidence that contradicts or supplements the terms of that agreement.

Question 2

When does PER come into play?

Answer 2

only when one party claims that the other is in breach for failing to perform obligation and is attempting to influence the legal effect of a written document by offering extrinsic evidence (oral or written) to supplement or interpret its stated terms

Question 3

Extrinsic Evidence

Answer 3

Evidence found outside the writing of the contract which evidences the parties agreement

Question 4

Policy behind PER

Answer 4

to promite judicial efficiency and prevent perjury

Question 5

Parol Evidence Definition

Answer 5

any evidence outside the writing

Question 6

Exception to PER

Answer 6

Fraud

Question 7

Steps to determine if evidence admissible

Answer 7

Written?
Integrated?
To what Degree?
What State/Law
What type of evidence is allowed?
Exceptions
(WIDLE)

Question 8

Exceptions to PER

Answer 8

Fraud in the inducement
Fraud, duress, undue influence, mistake or illegality
Ambiguity exception
--Williston-patent ambiguity only
--Corbin --patent or latent ambiguity
Collateral Agreements
Condition Precedent
Subsequent Agreement
Scribners Error
(FACTSS)

Question 9

Wholly Integrated

Answer 9

comprises the entire agreement/all terms reduced to writing.
Parol evidence WILL NOT be admitted
unless ambiguous term

Question 10

Partially Integrated

Answer 10

final as to the terms written but does not emcompass the entire agreement. Court will allow parol evidence relating to matters that supplement the agreement but will prohibit contradictory evidence.

Question 11

Question of Law or Fact?

Answer 11

Question of Law: judge acts as a gatekeeper and decides which parol evidence can go to the jury. Integration is a question of law.

Question 12

Willistonian Approach

Answer 12

Classic/4 corners approach.
1. Merger clause will conclusively state that the written agreement is wholly integrated
If no merger clause will look to 4 corners of the agreement to see if it is complete. Will decide if integrated and in what degree based on the writing.

Question 13

Corbinian Approach

Answer 13

Writing cannot itself prove its ow completeness, thus
judges will consider the written agreement and extrinsic evidence submitted by the parties and make his decision based on the entirety of circumstances to determine if K is integrated and what parol evidene goes to jury (if any)

Question 14

Cases for Best Approach

Answer 14

Willistonians say permitting extrinsic evidence is doing exactly what the parol evidence rule is designed to avoid
Corbinians - one cannot know the intent of the parties simply by looking at the document

Question 15

What type of evidence is allowed?

Answer 15

only that which supplements, not contradicts when judge has determined there is only partial integration.
if fully integrated, NO evidence allowed