Also known as: parol evidence · extrinsic evidence · parole evidence · parol evidence rule
Written by attorneys · grounded in primary & secondary sources — see below
An item of proof originating outside a writing that a party offers to explain, supplement, or contradict the writing's terms. Courts first determine whether the writing is integrated and then decide whether the external proof may be received without violating the parol evidence rule or related doctrines. The proof may be admitted when it shows fraud, mistake, collateral agreements, or donor intent.
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Phuong Pham sold land to Pioneer Energy under a contract containing a merger clause stating the deed would be the complete agreement. After closing, Pioneer Energy discovered an oral promise about access rights that was never placed in the deed. The court refused to enforce the oral promise because the merger clause and parol evidence rule limited post-closing claims to the deed's terms.
Pearl Porter testified for the defense. On cross-examination the prosecutor asked whether she had lied on a prior job application. The court permitted the question because the inquiry went to her character for truthfulness, but it barred any extrinsic proof of the incident itself.
Patrick Phan and Pulse Media signed a distribution agreement that contained an integration clause. When a dispute arose over an alleged side deal, the court first ruled that the writing was completely integrated before excluding evidence of the side deal under the parol evidence rule.
Paula Pierce's will left her cabin to her niece but described the property only by street address. The niece offered letters and photographs showing the testator owned a different nearby cabin and intended that one. The court admitted the extrinsic evidence to identify the intended property.
Pedro Pacheco signed a document labeled his last will that left everything to his girlfriend. He had executed it only to persuade her to move in with him. The court admitted testimony about the true purpose and refused to probate the instrument as a will.
Premier Manufacturing sold equipment to Patriot Insurance after orally promising it would handle heavy daily use. The written contract contained a disclaimer of all warranties. Because the disclaimer could not reasonably be reconciled with the earlier promise, the court allowed evidence of the promise despite the writing.
Extrinsic evidence may be admitted to show fraud, mutual mistake, or a collateral agreement that the parties did not intend to merge into the deed. Courts also receive such evidence when the clause itself is ambiguous or when the evidence explains rather than contradicts the written terms.
Supporting sources
No. Rule 608(b) prohibits extrinsic evidence of specific instances except for criminal convictions under Rule 609. The rule permits inquiry into such acts only on cross-examination when they are probative of truthfulness.
…to its performance. The condition or state of things need not be expressly specified in the contract if it clearly appears by extrinsic evidence to have been assumed by the parties to be the foundation of the contract, and the event which causes the impossibility is of such a character that it cannot reasonably be supposed to have…
…a particular estate in France or Spain, where there are two estates of that name.) The defendant has no right to contradict by parol evidence a written contract good upon the face of it. He does not impute misrepresentation or fraud, but only says that he fancied the ship was a different one. Intention is of no avail, unless…
…of one of two or more witnesses, each of whom has told a coherent and facially plausible story that is not contradicted by
…beneficiary named in a will may bring a tort-based action for negligence in drafting the will, but the court will not look to extrinsic evidence
…As discussed above, however, the parties’ intent here is not conclusively discernible from their writings alone; therefore, extrinsic evidence
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The court decides integration as a preliminary question. Only after that determination does the parol evidence rule govern whether prior or contemporaneous agreements may be considered.
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A court may consider any relevant direct or circumstantial evidence, including the text of the will and surrounding circumstances, to determine the donor's intention.
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Extrinsic evidence is admissible to prove the document was executed as a sham for a non-testamentary purpose, such as inducing another person to act. In such cases the instrument is not given effect as a will.
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