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

by word of mouth.

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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By contrast, courts in California use a more liberal approach in which parol evidence is available in the first instance to determine whether the contract language is ambiguous and/or reasonably susceptible to a different interpretation.
The generally accepted statement of the parol evidence rule is that an integrated writing may not be varied or contradicted by evidence of any prior promises or conditions.
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The parol evidence rule deals with a common contractual situation: where initial negotiations, in which preliminary oral or written promises are exchanged, conclude with a writing that appears to embody the entire agreement.
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