When is parol evidence admitted in court?
What will be an ideal response?
Parol evidence may be admitted in court if it:
1. shows that a contract is void or voidable (e.g., evidence that the contract was induced by fraud, misrepresentation, duress, undue influence, or mistake).
2. explains ambiguous language.
3. concerns a prior course of dealing or course of performance between the parties or a usage of trade.
4. fills in the gaps in a contract (e.g., if a price term or time of performance term is omitted from a written contract, the court can hear parol evidence to imply the reasonable price or time of performance under the contract).
5. corrects an obvious clerical or typographical error. The court can reform the contract to reflect the correction.
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