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Parol Evidence

The Parol Evidence Rule at Work in a Mineral Transaction

by Gray Reed & McGraw on

A phrase currently in common usage begins with “‘cluster” and ends with a vulgarity that has been around for centuries. Saheid v. Kennedy presents facts that pretty much exemplify the meaning of the phrase...more

Court Holds Extrinsic Evidence Was Inadmissible

by Allen Matkins on

As generally understood, the parol evidence rule prohibits the introduction of extrinsic evidence to alter, vary or add to the terms of an integrated agreement. “Parol” is derived from the French word, “parole” meaning...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Not Worth The Paper It's Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule

by Miller Starr Regalia on

This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol...more

How to Aggressively Defend Against Lender Liability Lawsuits

by Buchalter on

Introduction - Following an economic downturn, lenders are inundated with lender liability suits typically based on purported promises to extend the maturity dates of loans, alter the terms of loan agreements, or to...more

Peeking Around Four Corners: Wisconsin Insurers Have Found a Way to Use Extrinsic Evidence to Excuse the Defense of Pending Claims

by Carlton Fields on

It is a truism that a liability insurer’s duty to defend is extremely broad—especially in states that apply the “four corners rule.” Under that rule, the insurer has a duty to defend whenever the underlying complaint alleges...more

“Don’t tell me not to worry, and please don’t call me partner.”

by Allen Matkins on

How many websites and marketing materials have you seen that identify a company’s suppliers and other vendors as “partners”? Does this mean that the company actually intends to communicate that it has formed a legal...more

Appellate Court Notes - Week of December 16

by Pullman & Comley, LLC on

AC34780 - Loiselle v. Browning & Browning Real Estate, LLC - Prospective purchaser sued the listing realtor when GMAC rejected their 94k bid subject to inspections for a piece of REO property in favor of a 90k,...more

Change In Parol Evidence Precedent Could Spell Greater Litigation Expense for Businesses

by McManis Faulkner on

The California Supreme Court’s recent clarification of the fraud exception to the Parol Evidence Rule weakened the effect of contract integration clauses, and may mean lengthier, and more costly, litigation for businesses. ...more

A Guide to Contract Interpretation - October 2013

by Reed Smith on

In This Guide: - Introduction - Contract-Interpretation Flow Chart - Contract-Interpretation Principles And Case-Law Supplement - Excerpt From: Introduction: Transactional attorneys and...more

Get It in Writing … Please!

What do a church, comedy club and bingo parlor have in common? It turns out, construction. To be more specific, a lot of electrical work. It starts with the recent decision of the South Carolina Court of Appeals in Boykin...more

Cherry Picking Contract Provisions in Bankruptcy: Not so Taboo After All?

One of the quintessential principles of the Bankruptcy Code is that when a debtor assumes an executory contract, it must assume the contract as a whole – a debtor cannot cherry pick the contract provisions it wants to assume...more

Liabilities Arising From Contract Negotiations

by Dorsey & Whitney LLP on

Yesterday evening, I had the pleasure of moderating a panel comprised of two distinguished in-house counsel, Zachary Zahrek and Teigue Thomas, discussing liabilities and litigation risks that arise from contractual...more

The High Price of Imprecision: An Examination of the Enforcement of Letters of Intent Under California Law

by Miller Starr Regalia on

Letters of intent and other similar pre-contractual documents, such as term sheets or memorandums of understanding, are used extensively in California real estate transactions as a means for negotiating parties to demonstrate...more

Seventh Circuit Permits Parol Evidence to Prove Fraud in the Inducement Despite Lack of Fraud in Integration Clause

by Pavlack Law, LLC on

In this week's post, we take a look at the recent Seventh Circuit case Judson Atkinson Candies, Inc. v. Kenray Associates, Inc. that held that parol evidence could be used to prove fraud in the inducement of a contract – a...more

Court Holds Parol Evidence Admissible

by Allen Matkins on

As generally understood, the parol evidence rule prohibits the introduction of extrinsic evidence to alter, vary or add to the terms of an integrated agreement. ”Parol” is derived from the French word, “parole” meaning...more

Lenders Beware - Oral Statements may Trump Written Agreements

The California Supreme Court recently held that a borrower may rely upon oral promises to support a fraud claim against its lender even when such oral promises contradict the written agreement....more

Court of Appeals Finds The Phrase "Other Good And Valuable Consideration" In A Contract To Be A Clear And Unambiguous Statement

In Schron v. Troutman Saunders LLP, 2013 NY Slip Op 00952 (N.Y. Feb 24, 2013), the New York Court of Appeals held that the phrase “other good and valuable consideration” within a contract was not ambiguous, and therefore...more

California Supreme Court Expands Fraud Exception to the Parol Evidence Rule, Eliminating Significant Barrier to Claims of...

by Proskauer Rose LLP on

Last month, the California Supreme Court overruled longstanding precedent and restored to full force the fraud exception to California's parol evidence rule. In Riverisland Cold Storage, Inc. v. Fresno-Madera Production...more

California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged...more

Fenwick Employment Brief - February 2013

by Fenwick & West LLP on

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement...more

Litigation Alert: California Supreme Court Announces Sea-Change in Rules Governing Use of Parol Evidence to Show Fraud in Contract...

by Fenwick & West LLP on

Background - On January 14, 2013, the California Supreme Court issued a unanimous decision clarifying – and ultimately rewriting – the applicable legal standard for introduction of parol evidence to show that a contract...more

Reconsidering the Fraud Exception to the Parol Evidence Rule

by Hinshaw & Culbertson LLP on

The California Supreme Court has removed a legal barrier for litigants seeking to invalidate contracts on the basis of fraud. Overruling a 75-year old decision, the Supreme Court ruled that the parol evidence rule does...more

The Quest For Contractual Certainty

The California Supreme Court has re-examined and largely restricted the scope of the parol evidence rule (Code of Civil Procedure §1856) in the case of RiverIsland Cold Storage, Inc. v. Fresno-Madera Production Credit...more

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