Does the parole evidence rule prevent extrinsic evidence from adding to, varying, contradicting or subtracting from the written contract?
British Columbia, Canada
The following excerpt is from Dhillon Industries Ltd. v. Clifford, 1996 CanLII 2326 (BC SC):
43 The parole evidence rule prevents extrinsic evidence from adding to, varying, contradicting, or subtracting from the terms of a written contract where that written contract was intended to represent the entire agreement between the parties: see Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S.C.R. 515. In many cases where the rule is invoked, the contract between the parties is found not to have been intended to be reflected solely in writing but also in oral terms. Thus, the contract between the parties is partly written and partly oral. This is not a true exception to the rule. Rectification, however, is a true exception.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for admissible evidence that contradicts the terms of a written contract? (British Columbia, Canada)
If a contract is partly written and partly oral, can the parol evidence rule apply? (British Columbia, Canada)
What is the test for admitting evidence that does not add to, subtract or vary the terms of a contract? (British Columbia, Canada)
Is parol evidence admissible to establish that an oral agreement does not conflict with the written contract? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Does the parol evidence rule preclude evidence of the oral part of an agreement that is partly in writing? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
