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Common Law Parol Evidence - Coggle Diagram
Common Law Parol Evidence
Is there an integrated agreement
Final Expression
Presumed Integrated
Missing terms would normally be found in a separate agreement
NO
Parol Evidence Rule does not apply
YES
Is the evidence prior or contemporaneous to the written agreement?
YES
Does the evidence contradict or supplement written agreement?
YES
Does the evidence show mistake, misrepresentation, fraud, or duress?
YES
Parol Evidence Rule permits the evidence to prove these defenses
NO
Parol Evidence rule bars admission of the evidence
NO
Does the evidence resolve an ambiguity in the written agreement?
YES
Parol Evidence Rule permits the evidence to resolve an ambiguity
NO
Parol Evidence Rule bars admission of the evidence
NO
Evidence of subsequent agreements IS PERMITTED
Parties intended to be a final expression