单词 | parol evidence |
释义 | > as lemmasparol evidence 1. Chiefly Law. Of a statement (as a will, evidence, testimony, etc.): expressed or given orally; not written; outside an original written statement. Usually attributive (in early use as postmodifier). Now only in parol evidence, parol testimony. parol evidence rule n. English Law and U.S. Law a rule stipulating that where a contract has been reduced to writing, extrinsic evidence (whether written or oral) is inadmissible to add to, vary, or contradict its terms. ΘΚΠ the mind > language > speech > [adjective] > orally communicated conveyed?1504 parol1590 auricular1605 oral1628 viva vocea1718 1590 T. Lodge Rosalynde: Euphues Golden Legacie f. 4 Sick mens wills that are parole, and haue neither hand nor seale, are like the lawes of a Citie written in dust. 1601 P. Holland tr. Pliny Hist. World II. xix. viii. 31 Topping the heads of the highest Poppies there growing, without any answere parole, [Tarquine] dispatched them away. 1661 O. Felltham Resolves (rev. ed.) 365 He gave him a Law Parole; and inscribed it in his heart. 1663 R. Stapleton Slighted Maid iv. 58 You hear your Mother? she leaves you to me, By her Will Paroll, and that is as good To all intents of Law, as 'twere in Writing. 1736 in 15th Rep. Royal Comm. Hist. MSS (1899) App. VI. 161 The question to-day was whether we should admit parole evidence to the disqualifying a freeholder. 1776 J. Bentham Fragm. on Govt. i. §48 An expression of will is either parole or tacit..a parole expression of will is that which is conveyed by the signs called words. 1818 W. Cruise Digest Laws Eng. Real Prop. (ed. 2) IV. 304 Ld. Ch. Just. de Grey thought such parol evidence inadmissible, and nonsuited the plaintiff. 1837 R. Peters Rep. Supreme Court U.S. 11 368 A minor question may arise as to the parol testimony admitted, contrary to the usages of courts of equity, at the trial of the suit. 1874 B. V. Abbott U.S. Digest 1st Ser. II. 340/1 A mere parol retainer is sufficient to authorize an attorney to commence a suit. 1893 Harvard Law Rev. 6 325 (heading) The ‘parol evidence’ rule. 1904 Columbia Law Rev. 4 338 The so-called Parol Evidence rule in truth deals not with a rule of evidence, but with the nature of legal acts. 1962 Shakespeare Q. 13 234 He is expressing the parol evidence rule which allows no oral testimony to upset the effect of a written contract. 1996 Which? Guide to starting your own Business (new ed.) xii. 186 The law allows the shopper to prove his purchase..verbally (by ‘parole evidence’—simply stating that he or she bought the items from that retailer). 2002 C. M. Brown et al. Evidence Boundary Location (ed. 4) xii. 342 Determining when possession on the ground..has ripened into an ownership right is complex and may often depend on parol testimony. < as lemmas |
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