Overview

The parol evidence rule can be more of the more confounding contract doctrines. Even its name is a bit misleading: "parol" is spelled without an "e," and it refers to matters outside the written contract (also referred to as extrinsic evidence), and it doesn't have anything to do with parole in the criminal system; and it is a substantive rule of law, not an evidentiary rule.

But it addresses a fairly straightforward problem: what if the parties agree to a variety of terms but they don't include all of those terms in a final written agreement? The parol evidence rule addresses this question. As with many of the cases you have read so far, identify the promise that is at issue in the case and determine what the parties' arguments are with respect to that promise.