Performance of K - Parol-Evidence Rule Exceptions (Step 3)
- Rule: There are some situations in which the parol-evidence rule DOES NOT apply to bar earlier evidence.
- 1. Defense against K formation —> The PER DOES NOT bar evidence relevant to a defense against K formation (duress, mistake, fraud, etc.)
- 2. Separate Deal —> Even if a writing is totally integrated, a party can introduce evidence of a separate deal.
- 3. Prior Communication —> Even if a writing is totally integrated, a party might be able to introduce evidence of a prior communication that is designed to interpret an ambiguous term in the final agreement.