Parol Evidence Rule

UCC Parol Evidence Rule:
? Is contract ‘final’ writing?
? If so, it can’t be contradicted, but it can be supplemented. (thus, in Gianni, evidence as to the promise of the exclusive right to sell beverages would be admissible).
? Under Materson v. Sine , however, the UCC rule would be a closer call. On one hand, the restriction on the option that the property had to stay within the family could be seen as supplementing the option. On the other hand, could argue that an option is, by default, alienable, thus the restriction would be considered contradictory.

• Parol Evidence rule continues, however, with the exception if writing was intended to be complete and exclusive terms of agreement.
• Merger/integration clauses are often sloppily written and don’t answer the questions as to whether the writing is final and complete and exclusive terms of agreement.
• Collateral agreements are exempt from this rule–that is, agreements which deal with a ‘completely separate’ subject matter.

Author: international

Mentioned in these Entries

1000 Top law pages in Wikipedia in may 2012, 1500 Top law pages in Wikipedia in may 2012, MCC-Marble Ceramic Center v. Ceramica Nuova d'Agostino, Materson v. Sine, Mid law pages in Wikipedia in may 2012 by importance, Outline of Sources of public international law, Outline of UNCISG.

The Parol Evidence Rule Explained in the United States of America

(In the U.S. law)

References

See Also

• Contracts (in international or comparative law)

Resources

See Also

• Contracts