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Simple English definitions for legal terms

parol evidence

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A quick definition of parol evidence:

Parol evidence is any agreement that is not written in a contract. This means that any information that was discussed before or during the contract that is not included in writing is not allowed to be used in court, unless there is evidence of fraud, duress, or a mutual mistake. The reason for this rule is to prevent people from lying about what was agreed upon. The court will only look at what is written in the contract to decide a dispute. There are two exceptions to this rule: the collateral contract exception and the ambiguity exception. The collateral contract exception applies when there is a side agreement that does not contradict the original contract and is something that would normally be included in the contract. The ambiguity exception applies when the language in the contract is unclear and the court needs to look at other evidence to determine what was intended.

A more thorough explanation:

In contract disputes, parol evidence refers to any agreement that is not included in the written contract. The parol evidence rule states that these agreements made outside of the contract are not admissible in court, unless there is evidence of fraud, duress, or a mutual mistake. The rule is in place to prevent dishonest attacks on contracts.

The parol evidence rule prohibits extrinsic evidence, including prior or contemporaneous oral agreements and prior or contemporaneous written agreements, that contradict or create a variation of a term in writing that the parties intended to be completely integrated. This means that any information leading up to or during a contract that is not included in writing is considered inadmissible evidence and is excluded from the jury. The jury will only look at the writing within the document itself to decide a contract dispute.

There are two exceptions to the parol evidence rule: the collateral contract exception and the ambiguity exception.

The collateral contract exception applies when the extrinsic agreement is a collateral one, meaning it is not distinct and independent from the original written agreement. The extrinsic agreement must not contradict the express or implied provisions of the written contract, and it must be one that the parties would not ordinarily be expected to embody in the writing.

For example, in Mitchill v. Lath, the plaintiff purchased land from the defendant because the defendant had allegedly promised to remove the ice house. The defendant did not remove the ice house before or after the plaintiff’s purchase. The court enforced the rule of parol evidence and barred the extrinsic agreement because the court found that the removal of the ice house could be reasonably expected to be included in the original written contract.

The ambiguity exception applies when the language in the original written contract is reasonably susceptible to more than one meaning. The court may permit the admissibility of parol evidence to determine the meaning of the contract language under the ambiguity exception.

For example, if a contract states that a buyer will purchase a "red car," but there are multiple shades of red, the court may allow parol evidence to clarify which shade of red was intended.

Overall, the parol evidence rule is in place to ensure that contracts are upheld and that parties cannot use outside agreements to contradict the terms of a written contract.

parol | parol evidence rule

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NosyBeagle
19:28
Do tell
i had to drop out of a grad program but i explained it in my gpa addendum bc it was the same underlying event causing both
i was also named in a civil lawsuit that got dismissed but only one school asked about it
sorry probably not helpful
ParallelAgreeableOrangutan
19:58
idk what the situations are, but you absolutely should write about them if the school asks about them—the only time you should be asking *whether* to write one is when you're not sure whether your situation qualifies as what they're asking about
ParallelAgreeableOrangutan
19:59
better question is usually *how* to write about them
ParallelAgreeableOrangutan
20:00
I had to write about write
ParallelAgreeableOrangutan
20:01
... write-ups at work (petty, and they were removed from my file after a year, but even so the app asked so I wrote)
NosyBeagle
20:05
Ah it cancelled out my msg cus I switched tabs. But I’ll just tell you guys cus I get mixed answers: a) accused of cheating on a calc exam freshman year but was cleared of wrongdoing, b) sent to the hospital senior year because I go too drunk
ParallelAgreeableOrangutan
20:12
Seems like you'd need to write about A because it went through a formal process, but it shouldn't hurt you if you explain it straightforwardly and explain you were cleared (just don't be weirdly salty about it like you're holding a grudge)
ParallelAgreeableOrangutan
20:12
Re B, did this involve school in any way? Is there an app that has a C&F question that you think this applies to?
ParallelAgreeableOrangutan
20:13
Maybe you're not deep enough into the process to know this—each school has its own unique set of C&F questions, so you should disclose exactly what they ask about, no more, no less
NosyBeagle
20:14
OH
NosyBeagle
20:14
Ok why did I think it was just gonna be one type of q for all. My bad folks. Ignore my info dump
ParallelAgreeableOrangutan
20:16
No worries! Frankly I think it's wild that applications have weird hidden quirks that you don't know about until you're actually logged into LSAC working through the app. There's some info you can find about the oddball/unique questions you'll find on specific apps, so you might want to look for that for schools you're going to apply to
ParallelAgreeableOrangutan
20:17
Like on various consultants' blogs, reddit, etc
NosyBeagle
20:17
🫡 thank you good sir or ma’am or bam
ParallelAgreeableOrangutan
20:17
Ooh can I be a bam
NosyBeagle
20:39
You may
20:45
ima write my personal statement about being fired and how that made me want to do law but it would be funny if I also had to write an addendum about it
20:45
turns out defense companies don’t like it when you question the war machine 🙏
20:46
“What are your opinions on Edward Snowden” - my boss
ParallelAgreeableOrangutan
21:02
I wrote optional essays about a situation that affected my undergrad performance. For any school that required an "education gap addendum" I was basically like "pls see my optional essay"
ParallelAgreeableOrangutan
21:02
¯⁠\⁠_⁠(⁠ツ⁠)⁠_⁠/⁠¯
NosyBeagle
21:12
did they accept that?
NosyBeagle
21:12
that reminds me of filling out job apps and they want you to type out your resume in a text box. like huh??? open the pdf, idiots
ParallelAgreeableOrangutan
21:18
I mean I was nicer about it—I'd put a couple of sentences explaining it super lo-res, and then I said something like "I speak to this situation in detail in my optional essay."
ParallelAgreeableOrangutan
21:20
They don't send your application back to you and tell you to redo an addendum if they don't like it, so the only way to know whether they "accepted" it, as it were, is admissions results
Bettercaulsaul
22:28
Helpful video I found https://youtu.be/2ZVrX6DTSKU?si=KsZeWbF4_fJuqKl5
23:17
who up lsdin they law
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