Question

Without Parole Evidence Rule, both written agreements and oral agreements concerning the same contract would have equal weight. Is this rule just? Is the rule necessary to clarify and finalize agreements?

Answer 1

Parole evidence rule is just and necessary to clarify and finalize the agreements. Based on the rule, the court will not allow presenting the evidence of the parties’ prior negotiations, prior agreements, or contemporaneous oral agreements if that evidence varies the terms of the written contract. The rule helps to ensure that the terms of the written contracts are having more weight than the oral contracts. If the rule is not present it would be easy for the parties to change the terms of the contract as per their wish very easily through oral contracts. This will lead to uncertainty regarding the terms of the contract and the court may not be able to conclude the terms of the contract and ensure justice for the parties. When we perform an action which is legally enforceable we should show reasonable care to avoid issues in future. We usually think more before writing something than talking because there is clear proof for writing. The parties would specify the terms clearly when they have no chance to change it at a later time. Parole evidence rule forces the parties to develop clear and specific terms of the contract before making a written contract. This allows the court to determine the obligations of the parties related to contract performance and provide justice for the non-breached party.