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Contracts • Terms of the Contract
K#083
Legal Definition
A court may consider parol evidence for the limited purpose of determining if there was a clerical mistake in integration.
Plain English Explanation
People aren't perfect. It is not uncommon for mistakes to happen when a contract is being written. For example, if someone typing up a contract accidently writes a price as $20 instead of $200, then courts will allow evidence of the mistake so that the contract can properly reflect the actual bargain between parties.
Hypothetical
Hypo 1: Sam owns a taco cart. Bob wants to hire Sam to cater his birthday party. Bob and Sam negotiate terms through text messages. The finally agree on a price of $500. Sam writes up the contract and accidentally puts $50 as the price. Both parties sign the contract. Later, when Bob only pays Sam $50, Sam sues Bob for the remaining $450. To prove they agreed to this, Sam offers his text message history. Result: Sam's text message history is parol evidence, however, Sam is offering it for the limited purpose of proving a clerical error (that he mistyped a term that they had agreed to prior). Thus, the court may consider such evidence.
Visual Aids
Related Concepts
Does the Parol Evidence Rule allow evidence of defenses to enforcement?
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Under the Parol Evidence Rule, what is the effect of changing or contradicting terms in a written deal?
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Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is CIF (Cost, Insurance, and Freight) and CF (Cost and Freight)?
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What is a merger clause?
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What is an integration?
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