Parole evidence Flashcards
Parole evidence?
Two people have a contract, and now one of us is trying to add more evidence into the contract about things we did before or during the contract
when can you add parole evidence into a complete or finale or final integration?
when the parties meant for the document to be the final integrated contract.
If the parties intended this, use four corner rule. Look for merger clauses that say so.
EXCEPTION:Can be admitted to clear up ambiguity despite integration
When can you add outside evidence for partially integrated contracts?
If it’s a partially integrated contract parol evidence is permissible.
What gets in?
- Consistanr additional terms
- Information relating to the doc itself. Anything that clarifies it,
- What won’t get in?
1. Information related to the contract itself.
What type of parole evidence gets in no matter what?
Fraud, mistake, illegality, duress, or evidence of a condition precedent.
For UCC can also use course of dealings and trade usage.