Parol Evidence Rule
Essay by people • September 27, 2012 • Essay • 287 Words (2 Pages) • 1,642 Views
For a very extensive time period under common law the parol evidence rule has been a notorious aspect. Typically parol evidence rule is defined as that a contract is made when a promise is written or bonded between two or more individuals for avoiding or performing some unusual action(s) based on legitimate considerations and rules. Parol evidence rule is a contract rules, which states that when a contract accompanied into a written text and appears in the writing to be complete, it is recognized that the writing comprises all the terms of the agreement and any oral or other evidence which is not involved in to the contract will not be known to be added into any previous or contemporary agreement. For instant, Gary agrees to make a legal contract to Mark a car for $1000, but Mark disputes that Gary informed him that he would only need to pay Gary $800. The parol evidence rule would basically prevent Mark from giving evidence to this discussion because the authentication ($800) would directly controvert the written agreement's terms ($1000). Therefore parol evidence rule limits what things can be taken into account when trying to interpret a contract.
This rule is formulated in Goss v Lord Nugent , Where a contract is abridged to writing, where an agreement performs in the writing to be complete, it is acknowledged that the writing comprises all the terms of it and evidence will not be admitted of a earlier or contemptuous agreement which would have the effect of adding to or changing it in any way. The perceptive behind this direct statement, those who have legal relation by a contract in writing should be guaranteed by the written terms alone.
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