Parol Evidence

Question 1

Parol Evidence Definition

Answer 1

Parol evidence is evidence, oral or written, which has not been incorporated into a written contract.

Question 2

Elements of Parol Evidence

Answer 2

1. in writing
2. contains a provision stating that the parties intend for the writing to be the complete/final/entire agreement of the parties
3. When #1 and #2 are met no evidence of
   (a) prior or contemporaneous
   (b) agreements or negotiations
   (c) oral or written, may be admitted, which would
   (d) contradict or add to (supplement) the writing.

Question 3

Exceptions to Parol Evidence Rule

Answer 3

1. allowed to correct an obvious typographical or clerical error in the contract
2. allowed to explain or to interpret ambiguous
3. allowed to show the lack of capacity by a party
4. allowed to show a defense to contract formation
5. amendments
6. **ancillary documents [certain jurisdictions]