Question

Which of the following is not an exception to the parol evidence rule?

1) Oral evidence of fraud
2) Oral evidence of mistake
3) Oral evidence of subsequent agreement
4) Oral evidence of prior agreement

Answer 1

The parol evidence rule prevents parties from presenting extrinsic evidence to alter a written agreement, but certain exceptions exist. Among the options provided, oral evidence of prior agreement is not an exception to the rule and is usually precluded by it.

Step-by-step explanation:

The parol evidence rule is a principle in contract law that prevents parties from presenting extrinsic evidence that would alter or contradict the terms of a written agreement. However, there are several exceptions to this rule. The exceptions include:

• Oral evidence of fraud - This exception allows for oral evidence if a party can prove that the contract was fraudulent.
• Oral evidence of mistake - If there was a mutual mistake made by both parties, oral evidence can be admitted.
• Oral evidence of subsequent agreement - If the parties agreed to a change after the original contract was signed, this can be evidenced.

Looking at the options provided, the one that is not an exception to the parol evidence rule is:

• Oral evidence of prior agreement - This would typically be precluded by the parol evidence rule, since it pertains to agreements made before the written contract that has not been included within the written document itself.