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Parole Evidence Rule

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Parole Evidence Rule

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  1. Parole Evidence Rule Presented by http://www.writepaperservices.com/ http://www.writepaperservices.com/

  2. Parole evidence rule • Eliminates usage of certain evidence that contradicts, adds or alters the written contracts. • parole: word, oral, or spoken. • Sometimes extends to written terms. • In law: parole refers to both written and oral terms agreed before the written contracts came into effect, but missing in the final contracts. • Also incorporates oral agreement made at time of writing the contracts, but also missing in the written contracts. • Rule relates to evidence that one party provides as part of contract, but absent in written contract http://www.writepaperservices.com/

  3. Parole evidence rule • Protects sanctity of written contracts from both bad memories and perjury. • Establishes genuine parts of written contracts by limiting introduction of oral evidence not part of the written contracts. • Rule dates back over four hundred years • Basic idea: when writing agreements, parties should be able to draft documents that are not prone to implied meanings. • Argues that once parties determine their complete and final agreements, external evidence should not contradict or supplement final agreements. • Rarely, rule allows introduction of extrinsic evidence to resolve ambiguity, prove the defense of written document, or establish a collateral agreement. http://www.writepaperservices.com/

  4. Parole evidence rule • Could block the fact-finder from evaluating external evidence missing in the final document. • Irrespective of any evidence suggesting that involved parties intended such oral agreements to be part of final agreement. • Any alleged written agreement or oral agreement of contemporaneous nature is inadmissible to contradict, add, or vary a written contract that is complete. • Eliminates breach of a contract • Court may evaluate the relevant evidence of contract or face of contract to determine its integration. • Depending on court method, results may vary. • Rule application may differ among regions, but without contradiction. http://www.writepaperservices.com/

  5. Permissibility of parole Evidence • Certain cases allow parole evidence • In which parole evidence plays significant roles in interpretation of written contracts. • Include: • To deal with an ambiguous issue – when court finds something vague in contract that may arise from the inaccuracy of words • when the parties want to show that an instrument in the agreement does not express the complete agreement. • when parole evidence is pertinent to the meaning of a contract term. http://www.writepaperservices.com/

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