The parol evidence rule prohibits the introduction of oral evidence into a lawsu
ID: 357518 • Letter: T
Question
The parol evidence rule prohibits the introduction of oral evidence into a lawsuit where the evidence presented is contrary to the terms of a written contract. Parol evidence may be introduced except when:
it will explain the written instrument through previous trade usage
it will prove fraud, mistake or misrepresentation
when one of the parties to the contract is not in court
the written contract is incomplete or ambiguous
none of the other choices
QUESTION 50
Your neighbor burns old tires in his back yard. That produces fumes that go on your yard. That is likely the tort of:
conversion
all of the other choices
public nuisance
private nuisance
assault
QUESTION 51
Once an offer has been made, the offeree can terminate the offer by:
returning it
accepting it
rejecting it
rationalizing it
rescinding it
a.it will explain the written instrument through previous trade usage
b.it will prove fraud, mistake or misrepresentation
c.when one of the parties to the contract is not in court
d.the written contract is incomplete or ambiguous
e.none of the other choices
Explanation / Answer
The correct answer is option c.
Parol evidence rule is a rule that does not allow a party to introduce evidence of prior oral agreement that contridict, alter or vary the terms of the written contract in order to prevent fraudulent claims. The exception to the parol evidence rule are: -
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