16 Questions
What is the primary purpose of the parol evidence rule in the context of entirely written contracts?
To prevent the introduction of extrinsic evidence that may alter the written contract
What is the effect of the parol evidence rule on the express terms of an entirely written contract?
It limits the express terms to only those recorded in the written contract
According to Lord Hobhouse, what is the significance of the parol evidence rule in English commercial law?
It is one of the great strengths of English commercial law
What is the justification for the parol evidence rule, according to Higgins J?
It contributes to preserving 'finality in written instruments meant to be final'
What is the consequence of attempting to introduce extrinsic evidence that alters the written contract?
The parol evidence rule will preclude the introduction of such evidence
What is the relationship between the parol evidence rule and the success of English law?
The parol evidence rule is one of the main reasons for the success of English law
What is the primary purpose of the parol evidence rule?
To prevent the introduction of extrinsic evidence that alters written contracts
What is the characteristic of an entirely written contract?
It only includes written terms
What is the consequence of introducing extrinsic evidence in an entirely written contract?
It adds to or varies the written contract
What is the significance of the parol evidence rule according to Lord Hobhouse?
It is a strength in English commercial law
What is the justification for the parol evidence rule according to Higgins J?
To ensure finality in written instruments
What is the effect of the parol evidence rule on oral agreements?
It excludes oral agreements from written contracts
In which case did Lord Hobhouse comment on the significance of the parol evidence rule?
Shogun Finance Ltd v Hudson
Which case mentioned the justification for the parol evidence rule?
Bacchus Marsh Concentrated Milk Co Ltd v Joseph Nathan & Co Ltd
What is the result of having a parol evidence rule in commercial transactions?
Certainty in commercial transactions
What is the relationship between the parol evidence rule and written instruments?
The parol evidence rule contributes to preserving finality in written instruments
Study Notes
Parol Evidence Rule
- The parol evidence rule is crucial in entirely written contracts, stipulating that extrinsic evidence cannot alter, add to, or qualify the written contract's language.
Extrinsic Evidence
- Extrinsic evidence includes all forms, typically oral evidence, which cannot be introduced to modify the written contract.
Entirely Written Contracts
- In entirely written contracts, only the express terms recorded in the written contract are valid.
- The parol evidence rule excludes any prior agreements, discussions, or writings between parties before signing the contract, subject to exceptions.
Significance of the Rule
- The parol evidence rule is fundamental to English commercial law, providing certainty and contributing to the success of English law.
Justification for the Rule
- The rule preserves finality in written instruments meant to be final and certain.
Historical Context
- In the Countess of Rutland's Case, Popham CJ stated that relying on written agreements ensures certainty and avoids the uncertainty of oral testimony.
Application of the Rule
- The parol evidence rule only applies to entirely written contracts, and its application is limited to such contracts.
Parol Evidence Rule
- The parol evidence rule is crucial in entirely written contracts, stipulating that extrinsic evidence cannot alter, add to, or qualify the written contract's language.
Extrinsic Evidence
- Extrinsic evidence includes all forms, typically oral evidence, which cannot be introduced to modify the written contract.
Entirely Written Contracts
- In entirely written contracts, only the express terms recorded in the written contract are valid.
- The parol evidence rule excludes any prior agreements, discussions, or writings between parties before signing the contract, subject to exceptions.
Significance of the Rule
- The parol evidence rule is fundamental to English commercial law, providing certainty and contributing to the success of English law.
Justification for the Rule
- The rule preserves finality in written instruments meant to be final and certain.
Historical Context
- In the Countess of Rutland's Case, Popham CJ stated that relying on written agreements ensures certainty and avoids the uncertainty of oral testimony.
Application of the Rule
- The parol evidence rule only applies to entirely written contracts, and its application is limited to such contracts.
Understand the parol evidence rule in contract law, specifically its application to entirely written contracts. Learn how it affects the introduction of extrinsic evidence.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
