Parol Evidence - Definition - Law Dictionary Home Dictionary Definition parol-evidence

Definition :

Parol evidence, testimony by the mouth of a witness. It is a general rule that oral evidence cannot be substituted for a written instrument, where the latter is required by law, or to give effect to a written instrument, defective in any particular essential to its validity; nor contradict, alter, or vary a written instrument, required by law, or agreed upon by the parties, as the authentic memorial of the facts which it recites. But parol evidence is admissible to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. In these cases the parol evidence does not usurp the place of written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect.

The general rule with regard to the admission of parol evidence to explain the meaning of, or to add to, vary, or alter the express terms of a deed, is, that it shall not be admitted, Henderson v. Arthur, (1907) 1 KB 10, except: (1) where, although the deed is clearly enough expressed, some ambiguity arises from extrinsic circumstances; (2) where the language of a charter or deed has become obscure from antiquity; (3) where the grant is uncertain owing to a want of acquaintance with the grantor's estate; (4) where it is important to show a consideration or a different consideration consistent with, and not repugnant to, that stated in the deed itself; (5) where it becomes necessary to show a different time of delivery from that at which the deed purports to have been made; (6) where it is sought to prove a customary right not expressed in the deed, but not inconsistent with any of its stipulations; or, lastly, where fraud or illegality in the formation of the deed is relied on to avoid it. If a clause in a deed be so ambiguously or defectively expressed that a Court of justice cannot, even by reference to the context, collect the meaning of the parties, it would be void on account of uncertainty. Consult Chitty or Addison or Leake on Contracts; Best, Roscoe, or Taylor on Evidence; Wigram on Wills; Norton on Deeds.