in Housen due to its application of the parol evidence
rule to the facts
Farmers need to keep in mind when entering contracts the so-called Parol Evidence
Rule, which is used to interpret contracts in Common Law.
2008) ('Where an ambiguity is found within the contract, parol evidence
may be admitted .
According to ARC, the Agreement could not be extended by McCormick because it was fundamentally a contract for the sale of goods and the Uniform Commercial Code (UCC) prohibits the oral modification of such contracts, and because the parol evidence
rule forbids oral modification of contracts such as the Agreement that are totally integrated and expressly prohibit oral modifications.
Few said in the opinion that while the Dennises urged the court to consider information that was conveyed to them orally, by a membership coordinator, who they said told them they'd only be liable for four months of unpaid membership fees if they resigned, the parol evidence
rule prevents such evidence from being heard.
Where a side agreement between the parties signed several months after their initial agreement mistakenly required performance on dates that had already elapsed prior to the signing of the side agreement, the agreement did not violate the parol evidence
rule and the mutual mistakes could be properly reformed by the court to render the agreement enforceable.
Often its location in the agreement suggests that it is merely boilerplate language, but merger clauses serve important purposes in the event of litigation.<br />A merger clause restricts the types of parol evidence
that can be considered in the event of a dispute about the terms of the parties' agreement.
Regardless, courts are prohibited from taking parol evidence
to explain or contradict the insurance contract's clear meaning.
It should come as no surprise that textualists prefer that courts default to a plain meaning rule, use a hard parol evidence
rule, and define the boundaries of a contract by its integration clause.
(112) Courts have struggled with, and scholars have debated, (113) how to resolve disputes over mahr agreements, in large part because they stand at the nexus of three areas of law: statutory rules governing both pre- and postnuptial agreements; common-law contract doctrines, such as mutual assent, integration, and parol evidence
; and constitutional law, most notably the Religion Clauses of the First Amendment.
As everyone learns in law school, the parol evidence
rule is supposed to protect the integrity of a written contract by prohibiting the admission of extrinsic evidence to vary or add to the terms of the contract.
of one's status as donee beneficiary is the subject of this essay.