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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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The Parol Evidence Rule

The Parol Evidence Rule

Chapter:
(p.533) Thirty-Eight The Parol Evidence Rule
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0038

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 Later still, A sues B for breach of the first contract and B defends on the ground that the second written agreement superseded or discharged the first contract, although it did not explicitly so provide.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.

Keywords:   parol evidence rule, integration, contradicts, written agreement, parol agreement

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