Define: Parols De Ley

Parols De Ley refers to a legal principle that states that oral agreements cannot override written contracts. It means that if a contract is in writing, any oral statements or agreements made before or during the contract’s execution are generally not enforceable.

Parols De Ley affects contracts by establishing that written agreements are generally considered the final and binding expression of the parties’ intentions. It prevents parties from introducing oral evidence to contradict or modify the terms of a written contract.

Yes, there are exceptions to the Parols De Ley principle. For example, if a written contract is ambiguous or incomplete, oral evidence may be admissible to clarify the parties’ intentions. Additionally, if fraud, duress, mistake, or illegality is involved in the formation of the contract, oral evidence may be considered.

Yes, Parols De Ley can be waived by the parties involved. If the parties explicitly agree to modify or waive the requirement of a written contract, oral agreements may become enforceable. However, it is advisable to have any modifications or waivers in writing to avoid potential disputes.

In general, if there is a conflict between a written contract and an oral agreement, the written contract will prevail. Courts typically give more weight to written agreements as they provide a clear record of the parties’ intentions. Oral agreements that contradict the terms of a written contract are usually unenforceable.

Yes, Parols De Ley can be applied to all types of contracts, including business contracts, real estate contracts, employment contracts, and more. The principle applies as long as there is a written agreement that covers the subject matter in question.

Yes, Parols De Ley is generally recognized in most common law jurisdictions. However, the specific rules and exceptions may vary slightly from jurisdiction to jurisdiction. It is always advisable to consult with a local attorney to understand the specific application of Parols De Ley in your jurisdiction.

Yes, Parols De Ley can be used as a defence in a contract dispute. If one party attempts to introduce oral evidence to modify or contradict the terms of a written contract, the other party can invoke Parols De Ley to argue that the oral statements are inadmissible.

No, Parols De Ley specifically applies to oral agreements made before or during the execution of a written contract. Verbal contracts, which are entirely oral and not reduced to writing, are subject to different legal principles.

To ensure your contracts are not affected by Parols De Ley, it is crucial to have clear and comprehensive written agreements that accurately reflect the parties’ intentions. It is also advisable to include a clause explicitly stating that the written contract represents the entire agreement between the parties and that any prior oral agreements are superseded.