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The purpose of the parol evidence rule is to:
prevent evidence that substantially contradicts the agreement in its written form.
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Which of the following statements describes the parol evidence rule? A. a written contract cannot be changed once it is signed B. an oral contract cannot be modified by written evidence C. a written contract cannot be changed by oral evidence D. an oral contract takes precedence over any earlier written contract
C. The parol evidence rule states that when parties put their agreement in writing, all previous verbal statements come together in that writing, and a written contract cannot be changed or modified by parol (oral) evidence.
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Under the parol evidence rule, which of the following types of evidence may be used to vary or contradict the written agreement? A. Prior oral or written agreements B. Contemporaneous oral or written agreements C. Subsequent oral or written agreements modifying the original agreement D. Both (a) and (b).
‘Parol’ in parol evidence rule means:
speech or words.
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The Parol Evidence Rule- Oral v. Written:
-Although the PER applies to writings created at the same time as the written agreement, these writings tend to be treated differently than prior or contemporaneous oral agreements. -The writings are more readily admitted as part of the written agreement than is oral evidence regarding conditions or terms in the final agreement -As long as contemporaneous written documents do not substantially contradict what is in the final writing, judges can use their discretion to deem these other writings part of that agreement. -Consequently, the PER does not usually extrinsic written evidence.
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Exceptions to the Parol Evidence Rule:
– A common exception occurs when oral evidence serves to clear up an ambiguous part of an agreement. – Thus, oral evidence introduced after a contract is signed is legally accepted if it clarifies some point in the written agreement. – A few examples of exceptions to the parolevidence rule are: incomplete contracts, contracts that contain typographical errors, and voidable contracts. – In these cases, a court may rule that oral evidence is admissible.
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The Parol Evidence Rule
Sometimes, a written contract does not include—or contradicts—an oral understanding reached by the parties before or at the time of contracting. EXAMPLE: For instance, a landlord might tell a person who agrees to rent an apartment that cats are allowed, whereas the lease contract clearly states that no pets are permitted. In deciding such disputes, the courts look to a common law rule governing the admissibility in court of oral evidence, or parol evidence. Parol evidence is testimony or other evidence of communications between the parties that is not contained in the contract itself
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14. The parol evidence rule states that if a contract is in writing and the language of the contract is clear, a court will not look beyond the contract itself to interpret, alter, or contradict its terms.
True
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