Also known as: unwritten evidences · oral evidence · parol evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence consisting of oral testimony, notes, or other non-documentary forms offered to prove facts, the contents of a writing, or the terms of an agreement. Courts apply the original-writing rule and parol evidence doctrine to determine when such evidence may be received in place of or in addition to a writing.
Ulysses Usher bought an office building from Uptown Apparel under a contract with a merger clause. After closing, Ulysses offered his own testimony and an agent's notes to prove Uptown had orally promised a fiber-network upgrade. The court excluded the testimony because the deed contained no such promise and no exception to the merger rule applied.
Umar Underwood and Universal Motors signed a detailed supply contract containing an integration clause. When Umar later offered oral testimony about a rebate term discussed earlier, the court first determined whether the writing was completely integrated before deciding whether the testimony could be heard.
Select any source to read its text and confirm it supports the definition.
Uri Underwood conveyed land by absolute deed to Unison Media while signing a side letter stating the deed secured a loan. Uri later offered oral testimony that the deed was meant only as security. The court admitted the testimony to show the true nature of the transaction and preserved Uri's right of redemption.
Urban Utley lost the signed memorandum that satisfied the Statute of Frauds for a land sale. At trial Urban offered oral testimony and an unsigned copy to prove the memorandum's contents. The court allowed the secondary evidence because loss of the writing does not destroy its legal effect.
Ulrica Unger sued to enforce an alleged side agreement not mentioned in the final writing. She offered her own testimony describing the earlier oral promise. The court first assessed whether the writing was integrated before ruling on admissibility of the unwritten account.
Ursula Ureña claimed an oral understanding modified a stock-purchase agreement. She sought to introduce testimony about the alleged modification. The court treated the question of integration as a preliminary issue before deciding whether the unwritten evidence could be considered.
Oral testimony and unsigned copies may establish the contents of a lost memorandum that satisfied the Statute of Frauds. The loss does not deprive the memorandum of legal effect, and secondary evidence is admissible once the proponent shows the original is unavailable.
A merger clause states that the written contract is the complete agreement. After closing, merger and parol evidence rules generally bar enforcement of prior oral or written promises not reflected in the deed, unless an exception such as fraud or a collateral agreement applies.
The court determines as a preliminary question whether an agreement is completely or partially integrated. Only after that determination does the court apply the parol evidence rule to decide whether unwritten evidence may be received.
…do not have the consequences that a decision to terminate a person's life does. At common law and by statute in most States, the parol evidence rule prevents the variations of the terms of a written contract by oral testimony. The statute of frauds makes unenforceable oral contracts to leave property by will, and statutes…