Extrinsic Evidence

Extrinsic Evidence

Facts or information not embodied in a written agreement such as a will, trust, or contract.

Extrinsic evidence is similar to extraneous evidence, which is not furnished by the document in and of itself but is derived from external sources. In contract law, Parol Evidence is extrinsic evidence since it is not within a contract but, rather, is oral and outside the instrument.

Cross-references

Parol Evidence.

References in periodicals archive ?
Tenders Will Be Evaluated Based On The Contents On The Tender Itself Without Recourse To Extrinsic Evidence.
As recently as 1961, the Supreme Court cited Millar v Taylor and invoked the Exclusionary Rule in order to disallow the use of extrinsic evidence in a case concerning statutory interpretation.
Without this interpretive tool, the Aleynikov Court remanded the case to the district court to consider extrinsic evidence regarding the meaning of the term "officer" in the company's bylaws -- specifically, "course of dealing" evidence and "trade usage" evidence.
If the contract is ambiguous, the court must consider any extrinsic evidence which sheds light on the intentions of the parties at the time of the execution of the contract.
Coverage includes consideration as benefit or detriment, consideration as bargain, alternatives to consideration, promise for benefit already received, manifestation of mutual assent, sequential assent by offer and acceptance, defenses to contract enforcement, defenses based on lack of capacity to contract, violation of public policy, statute of frauds, content and meaning of the contract, using extrinsic evidence to understand a contract, implied contract terms and provisions, express conditions, performance and breach under common law, repudiation, remedies at law, and third party rights and duties.
through extrinsic evidence, confusion of issues becomes inevitable and
Extrinsic evidence could be introduced to explain what the settlor actually meant.
If the facts are contested the "court enjoys broad authority to order discovery, consider extrinsic evidence and hold evidentiary hearings in order to determine its own jurisdiction.
Maine Medical also argued that it did not have to show actual delivery because it could prove by extrinsic evidence that its refund claim had a timely postmark.
Blackstock takes particular exception to the government's claim that "the application judge erred in determining that the tribunal breached procedural fairness by considering extrinsic evidence without advising the parties and permitting an opportunity to respond.
The rejection of the writing of the purchaser's name at the top of the letter as addressee, as signature, was to exclude any extrinsic evidence in determining whether the alleged signatory intended to authenticate the document.
Extrinsic evidence is now admissible in interpreting a will.