A Parole Evidence Rule - Essay Example

Question What is the purpose of parole evidence rule? Parole evidence rule s that any words whether written or oral outside the original contract cannot be admitted in court regarding a dispute over the contract. The purpose of this rule is to support the strength of a contract made between two parties. Thus, a completely integrated contract is viewed as the best evidence of the agreement between the two parties (Cheeseman, 2009).Question # 2: Would it be better to simply allow all parole evidence in as evidence and leave it up to the jury?

The jury tends to be biased at times. Since they are human, they would tend to relate their personal experience to the case at hand. Thus, giving them information not stated in the contract might interfere with their ruling and judgment. Extra information could be created to gain advantage by one party over the other whether written or oral. It is not professionally advisable to allow parole evidence in case as evidence (Cheeseman, 2009).Question # 3: How much weight to give to the evidence? Although parole evidence should not be made accessible to the jury, it should be given some consideration .

Contracts at times tend to miss situations, which arise later in business and often people make agreements not expressed in the contract. Thus, exceptions already made for the parole evidence should be revised on wider and broader situations. In direct reference to the text, it is important to understand the different meaning evidence would be interpreted into depending on the context. The contexts of words have varied meaning depending on the circumstances under which they are used (Cheeseman, 2009).

Question # 4: Would this be better than not allowing the jury to see the evidence at all? This would be better. Giving the parole evidence some sort of strength during a contract dispute hearing makes much sense than allowing the jury to see the evidence. Since it was meant not to be seen by the jury and that part should remain as it is (Cheeseman, 2009).Question # 5: What advantages and disadvantages would there be to eliminating the parole evidence rule?a)Advantages It will give the jury a broader perspective of what the situation really is and instead of being sternly directed by an agreement that might have been written ages ago; the jury can make a judgment while relating to the current situation (Cheeseman, 2009).b) Disadvantages It will be difficult to make decisions as people would come up with words often made up and not part of the conversation between the two parties to use in court.

The jury not well versed with the law might actually believe what they are told as they act more on emotions that reality(Cheeseman, 2009). ReferenceCheeseman, H. R. (2009). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. New Jersey: Pearson Prentice Hall.