parol evidence rule


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 of the language of a valid written contract cannot ordinarily be varied by parol proof of a different intention. The rule, correctly regarded as a matter of substantive law, that the purposeful act of embodying all the terms of an agreement in a writing produces the contract of the parties, a single and final memorial of the understanding of the parties which must stand in exclusion of prior or contemporaneous negotiations. 30 Am J2d Ev § 1016.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • 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 — 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 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… …   Black's law 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

  • rule — 1 n 1 a: a prescribed guide for conduct or action b: a regulating principle or precept 2 a: an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to… …   Law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

  • Evidence (law) — The law of evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit) and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact …   Wikipedia