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parol

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parol adj. oral. (See: parol evidence rule)


parol adjective evidenced solely by speech, expressed solely by speech, lingual, not committed to writing, not expressed by writing, not written, oral, outspoken, told, unwritten, uttered, verbal, vocal, voiced
Associated concepts: extrinsic evidence, parol agreement, parol assignment, parol contract, parol evidence rule, parol gift, parol lease
See also: nuncupative

PAROL. More properly parole. A French word, which means literally, word or speech. It is used to distinguish contracts which are made verbally or in writing not under seal, which are called, parol. contracts, from those which are under seal which bear the name of deeds or specialties (q.v.) 1 Chit. Contr. 1; 7 Term. R. 3 0 351, n.; 3 Johns. Cas. 60; 1 Chit. Pl. 88. It is proper to remark that when a contract is made under seal, and afterwards it is modified verbally, it becomes wholly a parol contract. 2 Watts, 451; 9 Pick. 298; 13 Wend. 71.
     2. Pleadings are frequently denominated the parol. In some instances the term parol is used to denote the entire pleadings in a cause as when in an action brought against an infant heir, on an obligation of his ancestors, he prays that the parol may demur, i. e., the pleadings may be stayed, till he shall attain full age. 3 Bl. Com. 300; 4 East, 485 1 Hoffm. R. 178. See a form of a plea in abatement, praying that the parol may demur, in 1 Wentw. Pl. 43; and 2 Chit. Pl. 520. But a devisee cannot pray the parol to demur. 4 East, 485.
     3. Parol evidence is evidence verbally delivered by a witness. As to the cases when such evidence will be received or rejected, vide Stark, Ev. pt. 4, p. 995 to 1055; 1 Phil. Ev. 466, c. 10, s. 1; Sugd. Vend. 97.



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Most homes display a parol outside their windows (usually a star-shaped lantern signifying the Star of Bethlehem that can be made simply from bamboo sticks and colourful cellophane or the more elaborate capiz shells).
As Litowitz neatly puts it, "Is it really necessary to raise the anxiety levels of ninety students just to teach the parol evidence rule?
To this day, my sister teaches her own children the same stories and has given them each their own parol to continue the tradition with their own families.
 
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