parol evidence


parol evidence
Oral or verbal evidence; that which is given by word of mouth; the ordinary kind of evidence given by witnesses in court. In a particular sense, and with reference to contracts, deeds, wills, and other writings, parol evidence is the same as extraneous evidence or evidence aliunde.
See also aliunde
- oral evidence
@ parol evidence rule
This evidence rule seeks to preserve integrity of written agreements by refusing to permit contracting parties to attempt to alter import of their contract through use of contemporaneous oral declarations. Rose v. Food Fair Stores, Inc., 437 Pa. 117, 262 A.2d 851.
Under this rule when the parties to a contract embody their agreement in writing and intend the writing to be the final expression of their agreement, the terms of the writing may not be varied or contradicted by evidence of any prior written or oral agreement in the absence of fraud, duress, or mutual mistake. Federal Deposit Ins. Corp. v. First Mortgage Investors, 76 Wis.2d 151, 250 N.W.2d 362, 365.
But rule does not forbid a resort to parol evidence not inconsistent with the matters stated in the writing. Elkins v. Super-Cold Southwest Co., Tex.Civ.App., 157 S.W.2d 946, 947.
Also, as regards sales of goods, such written agreement may be explained or supplemented by course of dealing or usage of trade or by course of conduct, and by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. U.C.C. No. 2-202. This rule is also applicable to wills and trusts
@

Black's law dictionary. . 1990.

Look at other dictionaries:

  • parol evidence — see evidence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. parol evidence n …   Law dictionary

  • parol evidence — The oral or verbal testimony of a witness. See 3 Bl Comm 369. Precisely, evidence of matters not contained in the writing, whether oral utterance or other writing, offered as proof of terms and conditions of a contract in writing. 30 Am J2d Ev §… …   Ballentine's law dictionary

  • parol evidence rule — n: a rule of document interpretation: parol evidence offered to contradict or modify a writing (as a contract or will) is not admissible when the writing is unambiguous or was intended to be a final expression of the author s wishes Merriam… …   Law dictionary

  • Parol evidence rule — The parol evidence rule is the legal application of a rule of evidence in contract cases that prevents a party to a written contract from contradicting (or sometimes adding to) the terms of the contract by seeking the admission of evidence… …   Wikipedia

  • parol evidence rule — The rule which excludes evidence of prior or contemporaneous oral agreements which would vary a written contract. Garrett v Ellison, 93 Utah 184, 72 P2d 449, 129 ALR 666. The rule that the intention of the parties as evidenced by the legal import …   Ballentine's law dictionary

  • parol evidence rule — noun a rule that oral evidence cannot be used to contradict the terms of a written contract • Hypernyms: ↑rule of evidence …   Useful english dictionary

  • parol — par·ol 1 / par əl/ n [Anglo French, speech, talk, from Old French parole]: an oral declaration or statement where the evidence of the gift rests in parol Matter of Cohn, 176 N.Y.S. 225 (1919) (dissent) parol 2 adj 1: executed or made by word of… …   Law dictionary

  • evidence — ev·i·dence 1 / e və dəns, ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident evidens clear, obvious, from e out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish …   Law dictionary

  • Parol — Pa*rol , a. Given or done by word of mouth; oral; also, given by a writing not under seal; as, parol evidence. [1913 Webster] {Parol arrest} (Law), an arrest in pursuance of a verbal order from a magistrate. {Parol contract} (Law), any contract… …   The Collaborative International Dictionary of English

  • Parol arrest — Parol Pa*rol , a. Given or done by word of mouth; oral; also, given by a writing not under seal; as, parol evidence. [1913 Webster] {Parol arrest} (Law), an arrest in pursuance of a verbal order from a magistrate. {Parol contract} (Law), any… …   The Collaborative International Dictionary of English