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A brief summary of the California rule for when extrinsic evidence may be admitted to explain essential terms required by the Statute of Frauds.

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The Statute of Frauds (Civil Code §1624) requires, in specified cases, a written memorandum signed by the party who it is being enforced against. Although extrinsic evidence cannot be used to supply an essential term of a contract, it can be used to explain essential terms that were understood by the parties but would otherwise be unintelligible to others.


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Published In: Commercial Law & Contracts Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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