The Contract Signed between Novell Inc and Caldera Inc - Assignment Example

The court was right for refusing Canopy’s evidence as it was not part of the written contract. It becomes parole because it was an oral agreement made before the final written contract was made.

I, therefore, agree with the court for rejecting Canopy’s evidence. It is against the principles of the parole evidence rule which categorically states that there should not be a parole to a written contract. Meaning, evidence made prior to a written contract cannot be accepted for consideration in case of a dispute. It is therefore appropriate for the court to make such a decision if it is in compliance with the law. Apart from being oral evidence made prior to the actual contract, it contains evidence that contradicts the written contract itself. Despite Canopy not being a party to the written contract, it went ahead to give this evidence. This is uncalled for and should not be entertained. Instead, the court should go ahead to consider the case filed by Novell Inc to protest against the deductions made by Canopy because it breaches its contract with Caldera Inc. Read More