How To Prove A California Parol Evidence Rule Defense

In California, a defense of Parol Evidence Rule is defined as:
The parol evidence rule is a legal principle that restricts the use of oral or written evidence, often referred to as “parol evidence,” to contradict or vary the terms of a fully integrated written contract. In essence, it limits what extrinsic evidence (evidence outside the written contract) can be introduced in a legal dispute involving a contract.
It simply means:
One party to a contract wants to bar the other party from presenting any evidence not in the contract.
There are 2 elements of the defense:
- Element 1. There exists between the parties a contract. A contract exists between the parties when they have agreed on terms, creating a legal obligation that outlines their rights and responsibilities, which is important in determining what evidence can be considered in disputes about the agreement.
Facts that might support this element look like:
* The parties engaged in negotiations that culminated in a written agreement outlining the terms of their arrangement.
* Both parties performed their respective obligations under the agreement, demonstrating mutual assent to the contract’s terms.
* The written contract explicitly states that it represents the complete and final agreement between the parties.
* Correspondence between the parties prior to the contract’s execution confirms their intent to be bound by the written terms.
* The parties exchanged consideration, which is a fundamental element of a valid contract. - Element 2. The contract is written and “fully integrated”. A fully integrated contract is one that is intended by the parties to be the complete and final expression of their agreement. A fully integrated contract is a written agreement that both parties intend to be the complete and final version of their deal, meaning no outside statements or promises can change or add to what is written in the contract.
Facts that might support this element look like:
* The contract explicitly states that it constitutes the entire agreement between the parties, indicating their intent to exclude any prior negotiations or agreements.
* Both parties signed the contract after thorough discussions, demonstrating their mutual understanding that the document was the final expression of their agreement.
* The contract contains a merger clause, which clearly asserts that no other documents or oral statements shall modify the terms of the agreement.
* The parties exchanged multiple drafts of the contract, ultimately agreeing on the final version, which reflects their complete and final intentions.
* The language used in the contract is comprehensive and detailed, covering all essential terms and conditions, suggesting that no additional agreements were intended.
(See California Code of Civil Procedure Section 1856.)
If you’re representing yourself in court and plan to assert a Defense of Parol Evidence Rule, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.
Prove Your CA Parol Evidence Rule Defense
U.S. Civil Cases Only