ch.21 - parol evidence rule Flashcards
what is parol evidence?
any extrinsic evidence - either oral or in writing
when is the PER implicated?
when one party claims the contract has all of the terms of the agreement, and the other party claims that smth is missing
PER steps
- Written contract?
- Evidence being offered of smth agreed to prior to or contemporaneous w the execution of the agreement
- For what purpose is the evidence being offered
Modern Approach
Not limited to the four corners of the documents but will look at the surrounding circumstances and evidence
classic approach
judges may only look at the “4 corners” of the agreement
- aka what is on the contract
total integration
- the writing is the final and complete agreement of the parties
- all terms of the contract must have been combined
partial integration
document only reflects part of their agreement
although may have been intended to be final
no integration
the document was not intended to be final or compleye
patent ambiguity
on its face the facts are ambiguous
latent ambiguity
on its face the K does not seem ambiguous but in reality it is
what is contradictory evidence?
evidence that conflicts with a term in the writing
what are consistent additional terms?
- “supplemental evidence”
- evidence that supplements the written agreement
interpretive evidence
parol evidence that that helps to interpret an ambiguous term
consistent additional term
terms in harmony with the language and obligations of the party
inconsistent term
term in absence of rsbl harmony in terms of the language and respective obligations of the parties
