Jones and Clark entered into a written contract for the purchase of an apartment
ID: 2749017 • Letter: J
Question
Jones and Clark entered into a written contract for the purchase of an apartment building by Clark. The contract was carefully drafted to set forth the agreement of the parties. It was signed by both parties. Clark subsequently claimed that the contract did not cover all the terms included in the written and oral agreements that the parties had made during their prior negotiations.
Jones claimed that the parol evidence rule barred proof of all of their prior agreements. Which claim would be upheld in court?
Explanation / Answer
Clark claim would be upheld by court, parol evidence applies to written contract which provides a safeguard to the terms mentioned in the written contract. It is the principle the preserves the genuineness of contract by prohibiting the parties from trying to alter or amend the meaning of the contract.
Terms and conditions mention in the contract would be final as per parol evidence rule .
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