Parol Evidence Rule, its Concept and Exceptions (8) Flashcards
Word of Honor
1
Q
when issue calls for BER and calls for PER (IOW when to apply PER) because both involve CONTENTS
A
[imo]
PER involves truth & falsity
BER involves accuracy
ex. love letter, ISSUE whether letter contains the words “i love you” refers to accuracy
ex. is it really true that loves you Millyn that insanely? this issue revolves around falsity
2
Q
insofar as BER & PER and witnesses
A
BER
- exclusionary rule so no testimonial witnesses
PER
- testimonial evidence is admissible
3
Q
PER does not apply, it is admissible unless excluded by some other exclusionary rules
A