Scribd Logo
Upload

Welcome to Scribd!

  • Parol Evidence Flow Chart

    Uploaded by

    Heidi Hyun
    393 views1 page
    1) The parol evidence rule determines whether extrinsic evidence can alter the terms of a written contract. 2) If a contract is fully integrated and unambiguous, extrinsic evidence cannot be used to modify its terms. 3) If a contract is partially integrated or not integrated at all, extrinsic evidence may be used to explain or supplement the terms but not contradict them, unless an exception applies.

    Original Description:

    parol evidence flow chart

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) The parol evidence rule determines whether extrinsic evidence can alter the terms of a written contract. 2) If a contract is fully integrated and unambiguous, extrinsic evidence cannot be used to modify its terms. 3) If a contract is partially integrated or not integrated at all, extrinsic evidence may be used to explain or supplement the terms but not contradict them, unless an exception applies.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    393 views1 page

    Parol Evidence Flow Chart

    Uploaded by

    Heidi Hyun
    1) The parol evidence rule determines whether extrinsic evidence can alter the terms of a written contract. 2) If a contract is fully integrated and unambiguous, extrinsic evidence cannot be used to modify its terms. 3) If a contract is partially integrated or not integrated at all, extrinsic evidence may be used to explain or supplement the terms but not contradict them, unless an exception applies.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 1

    Evidentiary Consequences of Extrinsic evidence is * The UCC is agnostic

    the Parol Evidence Rule Yes inadmissible for any purpose about ambiguity but
    Professor Rowley - Spring 2011 instructs courts to admit
    unless an exception applies or
    usages of trade, course of
    the UCC governs* dealing, and course of
    performance to explain or
    Is the fully supplement even integrated
    integrated terms. Additionally, if the
    K unambiguous? contract is not fully
    Extrinsic evidence may explain, integrated, the UCC also
    but may not contradict, an allows evidence of
    Yes integrated term unless an consistent additional terms
    No
    to explain or supplement
    exception applies
    the writing.

    Who decides?: Judge


    How?: Matter-of-law Yes
    Is the contract
    What may TJ consider?: Extrinsic evidence may explain
    fully integrated?
    Same as before, plus Is the partially or supplement, but may not
    Rules of C&I integrated alter or contradict, an integrated
    K unambiguous? term unless an exception applies

    Who decides?: Judge


    No No
    How?: Matter-of-law Yes Who decides?: Judge Extrinsic evidence is freely
    What may TJ consider?: How?: Matter-of-law
    (1) Objectivist approach: Is the K partially admissible with respect to an
    What may TJ consider?: unintegrated term, and may
    K only (four corners) integrated?
    Same as before, plus explain or supplement, but not
    (2) Modified Objectivist Rules of C&I
    approach: K + surrounding alter or contradict, an integrated
    circumstances, etc. No term, unless an exception applies
    Yes
    (3) UCC approach: K plus, at a
    minimum, trade usage,
    course of dealing, and Is the unintegrated
    course of performance K unambiguous?
    Extrinsic evidence is admissible
    No for all purposes

    You might also like