Sports Agent News

August 20, 2007

Slingo. Parol Evidence

Filed under: Law, Slingo, Sports Agent — emmettjones @ 1:28 pm

Today’s sports lingo phrase is “Parol Evidence”. Most contracts will probably make some mention of the parol evidence rule, even if the words “parol evidence” are not specifically used. The parol evidence rule states that when two parties have a written contract that is stated to be the full, final, integrated (including all terms) contract, then you cannot use any oral (parol) evidence from any previous agreement or agreements that happen contemporaneously to change, explain or contradict that which is in the written contract. The only time one can bring in previous oral evidence to explain or alter a current contract is to:

1. Prove that there is a condition that precedes the formation of the contract

2. To argue that the writing was not intended to be the final written expression between the parties

3. Interpret the written agreement or clarify any ambiguity

A sample parol evidence clause may read something like this:

“This agreement contains the entire agreement offered by the X. All components of the Agreement including these terms and conditions must be accepted by Y before the Agreement goes into effect. This Agreement between the parties shall supersede all previous agreements and understandings whether oral or written.”

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