CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Writings
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Parol Evidence
.........Cases Admitting
10 Cards On This Topic:
Although parol evidence necessary to clarify ambiguities in material terms in writings re property sale, writings complied with statute of frauds and were not too indefinite to enforce.
Contractual duties flow from intent of parties, not words used in contract, thus extrinsic evidence often required to determine intent.
Intent of parties that writing serve as exclusive embodiment of agreement crucial to existence of integration.
Extrinsic or parol evidence coming into existence ••after•• execution of written agreement may be considered in order to satisfy statute of frauds, and render agreement sufficiently certain to be enforceable.
Parol evidence rule does not bar a party from offering evidence that her signature on an agreement was procured by a misrepresentation over content of physical document to be signed.
Parol evidence rule doesn't bar Ps' Consumer Legal Remedies Act claim.
Oral agreement credible if might naturally have been made by similarly situated parties and unless certain it would have been included in writing.
Parol evidence of implied good cause requirement for employment termination should have been admitted where K was a partial integration, silent as to termination grounds.
Statements made by party during settlement negotiations are not barred by parol evidence rule to help interpret meaning of settlement in subsequent action with third party.
Official minutes of board are admissible, but may be disputed by parol evidence explaining them.