parol evidence

Oral or verbal evidence; that which is given by word of mouth; the ordinary kind of evidence given by witnesses in court. In a particular sense, and with reference to contracts, deeds, wills, and other writings, parol evidence is the same as extraneous evidence or evidence aliunde.

See also aliunde

- extraneous evidence

- oral evidence

@ parol evidence rule

This evidence rule seeks to preserve integrity of written agreements by refusing to permit contracting parties to attempt to alter import of their contract through use of contemporaneous oral declarations. Rose v. Food Fair Stores, Inc., 437 Pa. 117, 262 A.2d 851.

Under this rule when the parties to a contract embody their agreement in writing and intend the writing to be the final expression of their agreement, the terms of the writing may not be varied or contradicted by evidence of any prior written or oral agreement in the absence of fraud, duress, or mutual mistake. Federal Deposit Ins. Corp. v. First Mortgage Investors, 76 Wis.2d 151, 250 N.W.2d 362, 365.

But rule does not forbid a resort to parol evidence not inconsistent with the matters stated in the writing. Elkins v. Super-Cold Southwest Co., Tex.Civ.App., 157 S.W.2d 946, 947.

Also, as regards sales of goods, such written agreement may be explained or supplemented by course of dealing or usage of trade or by course of conduct, and by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. U.C.C. No. 2-202. This rule is also applicable to wills and trusts

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