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The Parol Evidence Rule
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Assume that A and B make a contract. Call this the first contract or the parol agreement. Later, A and B make a second contract, in writing, which does not contradict, but relates to the same subject matter, as the first contract. Later still, A sues B for breach of the first contract and B defends on the ground that the second written agreement superseded or discharged the first contract, although it did not explicitly so provide. Under the parol evidence rule B will prevail unless an exception to the rule applies. Chapter 38 examines that rule.
Title: The Parol Evidence Rule
Description:
Assume that A and B make a contract.
Call this the first contract or the parol agreement.
Later, A and B make a second contract, in writing, which does not contradict, but relates to the same subject matter, as the first contract.
Later still, A sues B for breach of the first contract and B defends on the ground that the second written agreement superseded or discharged the first contract, although it did not explicitly so provide.
Under the parol evidence rule B will prevail unless an exception to the rule applies.
Chapter 38 examines that rule.
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