The spelling of "parol evidence" can be confusing because it is not spelled how it sounds. The pronunciation is /pəˈrōl ˈevədəns/, with the stress on the first syllable of both words. "Parol" comes from the French word "parole," meaning "word," and is pronounced /pəˈrōl/. "Evidence" is pronounced /ˈevədəns/ and comes from the Latin "evidentia," meaning "proof." Together, "parol evidence" refers to oral or verbal statements made outside of a written contract and can be used to interpret or supplement the written agreement.
Parol evidence refers to any verbal or written evidence that is presented outside of the written contract between parties involved in a legal agreement. These pieces of evidence may include oral statements, emails, letters, or any other form of communication that was exchanged during the negotiation or formation of the contract. The purpose of parol evidence is to aid in the interpretation and understanding of the contract's terms in case of ambiguity or dispute.
However, parol evidence is subject to certain limitations and rules, primarily the parol evidence rule. This rule generally prohibits the introduction of parol evidence to contradict, vary, or add terms to a fully integrated written contract. In simpler terms, it restricts the use of additional evidence that contradicts or modifies what has already been agreed upon in the contract.
The parol evidence rule aims to promote certainty and finality in contractual agreements, by safeguarding against misunderstandings and preventing parties from altering the terms of a clear and unambiguous contract through extrinsic evidence. Nevertheless, there are exceptions to the rule, such as allowing parol evidence to be admitted for the purpose of explaining or clarifying ambiguous terms, showing fraud, mistake, or incapacity, or establishing the existence of a subsequent agreement that modifies the initial contract.
In summary, parol evidence encompasses any evidence that is not explicitly stated within the written contract and is used to aid in the interpretation and understanding of the contractual terms. However, its admissibility and relevance are subject to the parol evidence rule, which limits its use in certain circumstances to maintain the integrity and finality of the written agreement.
The term "parol evidence" has its roots in the Middle English language. The word "parol" is derived from the Old French "parol", meaning "spoken word" or "word of honor". In medieval legal contexts, "parol" referred to testimony given in court. The word "evidence" originated from the Latin "evidentia", which means "proof" or "clearness". Therefore, "parol evidence" denotes evidence given through spoken or verbal statements rather than written documents. In the legal context, "parol evidence" refers to oral or verbal evidence presented in court to interpret or supplement a written contract or agreement.