CHAPTER 12

The Parol Evidence Rule

§12.1 THE APPLICATION AND BASIC PURPOSE OF THE PAROL EVIDENCE RULE

§12.1.1 A Written or Recorded Agreement

The parol evidence rule applies where an agreement is recorded in writing and one of the parties proffers evidence to prove a term that is not contained in the writing or to explain or expand on a term in the writing. As noted several times before, particularly in Chapter 11, contemporary law includes in the concept of writing not just words written on paper, but also forms of recording by electronic or other means.

§12.1.2 The Relationship Between the Parol Evidence Rule and Interpretation

The parol evidence rule is closely intertwined with the process of interpretation. As you read this chapter, you will see many links to the discussion of interpretation in Chapter 10. The following general observations on the relationship between the parol evidence rule and interpretation should help to keep things straight.

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