Define: Parol Evidence

Parol evidence refers to any oral or written evidence that is not included in the written contract. It includes prior negotiations, agreements, or understandings between the parties.

In general, parol evidence cannot be used to modify or contradict the terms of a written contract. The written contract is considered the final expression of the parties’ agreement.

Parol evidence can be admitted in court under certain circumstances, such as when there is ambiguity in the written contract or when there is a claim of fraud, mistake, duress, or illegality.

The parol evidence rule is designed to promote certainty and finality in contractual agreements. It prevents parties from introducing extrinsic evidence that may alter the terms of a written contract.

The parol evidence rule generally applies to written contracts, but there are exceptions. For example, it may not apply to contracts that are partially or completely oral, or to contracts involving fraud or mistake.

Yes, parol evidence can be used to explain the meaning of a term in a contract if the term is ambiguous or unclear. The court may consider the parties’ prior negotiations or course of dealing to interpret the term.

If there is a conflict between the parol evidence and the written contract, the court will generally give priority to the written contract. The parol evidence will be disregarded or given less weight.

Yes, parol evidence can be used to prove a party’s intent if there is an ambiguity in the written contract. The court may consider the parties’ prior negotiations or statements to determine their intent.

Generally, parol evidence cannot be used to add additional terms to a contract. The written contract is considered the complete and final agreement between the parties.

If you believe the parol evidence is relevant to your case, you should consult with an attorney who specializes in contract law. They can evaluate the circumstances and advise you on the best course of action.