Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B in Canadian contract law6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract[1] and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract.[2] The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French parol or parole, meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case.[3]
The rule's origins lie in English contract law, but it has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common misconception is that it is a rule of evidence (like the Federal Rules of Evidence), but that is not the case;[4] whereas in England it is indeed a rule of evidence.[5][6][7]
The supporting rationale for excluding the content of verbal agreements from written contracts is that since the contracting parties have agreed to reduce their contract to a single and final writing, extrinsic evidence of past agreements or terms should not be considered when interpreting that writing, as the parties ultimately decided to leave them out of the contract. In other words, one may not use evidence made prior to the written contract to contradict the writing.
^Scott & Kraus (2013), p. 539.
^Scott & Kraus (2013), p. 537.
^"Parol", Black's Law Dictionary, 10th ed. (2014).
^Casa Herrera, Inc. v. Beydoun, 32 Cal. 4th 336, 9 Cal. Rptr. 3d 97, 83 P.3d 497 (2004). This case reaffirmed that the parol evidence rule is a substantive rule of law and not a mere procedural or evidentiary defense, and then held on that basis that a dismissal of a case on the basis of the parol evidence rule is a favorable termination on the merits sufficient to support a subsequent action for malicious prosecution.
^Leduc v Ward
^Pym v Campbell [1856].
^ Henderson v Arthur [1907] CA
and 22 Related for: Parol evidence rule information
The parolevidencerule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to...
definite rule of law, known as the parolevidencerule, which places strict limits on the evidence that may be adduced in aid of interpretation. The rule dictates...
which are part of the policy. Oral agreements are subject to the parolevidencerule, and may not be considered part of the policy if the contract appears...
to parolevidencerule, meaning that admissible evidence of a collateral contract can be used to exclude the operation of the parolevidencerule. Practically...
construction and the parolevidencerule. The case diverged from the well established English approach regarding the use of extrinsic evidence in contractual...
"plain meaning rule" has sometimes been applied to the interpretation of contracts, particularly in conjunction with the parolevidencerule. Such a use...
(1995) 5 NZBLC 103,887 is an often cited in NZ case law regarding the parolevidencerule, which effectively reinforces English case of Henderson v Arthur...
other evidence to attempt to discern the intent of the parties, ultimately concluding that the parties were operating under a single contract. Parol evidence...
that far surpass other local properties Owner-occupancy Ownership Parolevidencerule Participation mortgage Partition Partnership Party wall Peak land...
unsuited to the realities of the securities business." Oral contract Parolevidencerule Quia Emptores The list of contracts that fall under a traditional...
however, is a "course of performance." Even though, according to the parolevidencerule, words and terms in a writing intended to be the final expression...
parole agreement." Wikimedia Commons has media related to Parole. Parolevidencerule Rehabilitation policy Release on temporary licence Ticket of leave...
of goods by sea. The case also addresses bills of lading, and the parolevidencerule. A vessel was to carry a cargo of rape seed from Fiume (now Rijeka)...
difficulty" for a party who wishes to rely on such a separate agreement. Parolevidencerule Wright Hassall, Entire agreement clauses, published 20 June 2011...
Ancient documents Parolevidencerule Physical evidence Chain of custody Real evidence Digital evidence Exculpatory evidence Scientific evidence Genetic (DNA)...
The Casus Placitorum (c. 1250 – c. 1270), a collection of legal maxims, rules and brief narratives of cases. In these works the language is already sophisticated...
The parolevidencerule states that where there is written evidence, oral testimony cannot be introduced to the court if it contradicts that evidence. Since...
jurisprudence. For example, the Contract (Scotland) Act 1997 codifies the parolevidencerule in Scots contract law by providing that where a written document...
construction of a house. The parolevidencerule limits what things can be taken into account when trying to interpret a contract. This rule has practically ceased...
Henningsen v. Bloomfield Motors, on warranties Restatement §213, parolevidencerule: a written agreement that is completely integrated discharges prior...
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