CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Writings
......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.