LAWS 3003 Lecture Notes - Lecture 10: Parol Evidence Rule, Collateral Contract, Condition Subsequent
Document Summary
Presumption that the statement will be a term of the main contract. Parole evidence cannot be admitted to add to, subtract from, vary or contradict a written instrument. The written instrument is it the courts should not have consideration to any other intrinsic evidence. Whatever is written, is the contract: to control juries until the beginning of the 20th century, tort law was before a judge and jury. Brings more clarity and certainty as to what may have been agreed to. Does not necessarily reflect how many contracts are made today. The courts started to reduce the evidence rule from being a rule of law to be an evidentiary presumption. For example, implied terms that goods will be merchantable (in the sale of goods). Not just express terms, but implied as well: show when the contract is meant to operate some agreements can be made today but only come into force at some time in the future.
