The Parol Evidence Rule

A hundred years ago, a law professor said of the parol evidence rule, "There are few things darker than this or fuller of subtle difficulties." Many students and professionals who have studied the rule would agree with that assessment. Hopefully this exercise will illuminate the rule. It does so by examining the functions served by the rule, taking the user through a series of questions that can be used to resolve most issues involving the application of the rule. The Uniform Commercial Code enactment of the rule is examined in detail.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Identify the evidence offered.
2. Determine the purpose for which the evidence is offered.
3. Explain how to determine the intent of the parties.
4. State the parol evidence rule.
5. Critique the purposes served by the rule.