Parol Evidence Rule

The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.

Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.

Background: I was talking to my friend Jess. We were talking about the weather. I was saying it was too hot and she agreed with me. Jess then asked “Do you feel bad for the animals since they have fur and it makes it harder for them to cool down?”

The Exclusionary Rule has been around since the early 1900s, and it is a rule that some defendants who are involved in a felonious case tend to use as a remedy for unlawful searches that has a habit of violating their Fourth Amendment rights. This rule also dictates that any evidence that was unlawfully obtained should be ruled out as evidence under our Fourth Amendment, and the Mapp v. Ohio, 367 U.S. 643 is one of these cases that discusses this rule and evidences being excluded. Now, before this rule was created, “any evidence was admissible in a criminal trial if the judge found the evidence to be relevant, and how the evidence was seized was not considered an important issue” (“Exclusionary Rule”, n.d., para. 4).

Danny Davidson sold a single family home to Paul and Priscilla Peterson. A long-term relationship between Danny and Paul is the basis for not including a written agreement. The simple contract was made orally and only included the legal object and the amount to be paid. Danny did not disclose a dispute with his neighbor over boundary lines or include information about a soil subsidence in the front yard he claims not to have known about.

All States require certain evidence for different criminal and civil cases but states do not come up with their own rules. According to the article, What are the Rules of Evidence, (2016), the Federal Rules of Evidence govern the admissibility of evidence in federal trials, but state rules of evidence are largely modeled after the federal rules. The most important thing about evidence is getting the right evidence need for the case and is the evidence going to help you in the long run. Many times lawyers lose a case because of the evidence or the failure to disclose the evidence. In some cases the evidence used was not enough or not right for that case and that will also cause a lawyer to lose a case.

The best evidence rule is a rule that applies when someone wants to admit some form of evidence that is a document but the actual original document is not available for admission. Unfortunately, when this happen the party that wants to admit the evidence has to give an acceptable excuse to why the original documents are unavailable or absent. Therefore, the courts has to decide if the excuse is acceptable and allow the party to use their secondary evidence in order to prove their case or that the content of the document in order for it to be admissible as evidence in the case. Unlike, any other rule this rule only applies when a party is trying to prove that all of the content in the document is worthy of being admitted as evidence if the

The Masterson agreement wasn’t entirely agreed to in writing therefore the issue in this case varied substantially from the one Gianni addressed. The issue in this case was whether the parties intended their writing to serve as the exclusive embodiment of their agreement. When only part of an agreement is incorporated parol evidence may be used to prove elements of the agreement not in the writing.

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

Arthur Caplan believes that doctors are people with high authorities and their words are held in a "higher standard", therefore, physicians should not be speaking of their own belief without proof. Purveying invalid science information will lead to unnecessary panic and in some cases during epidemic the patients will avoid the uses of vaccinations. The level of free speech is rated differently between doctors and people without medical licenses because doctors speak with authority and patients tends to listen. In Caplan's opinion, physicians who mislead people through speeches based on "anecdote, myth, hearsay, rumor, ideology" should have their medical licenses revoked; especially in incidents like measles epidemic.

Philo argues the argument from design that shows that god is infinity, perfection, and unification. He made a claim that shows his unsupported to this argument, which has the idea of the universe design. This claim plays a significant role to the general thrust of the discussion in the Dialogues. Philo disagree with the argument and says that there is no nature evidence of god’s infinity, perfection, and unification.

Thanks for the post! Philippians 4:13 is my all time favorite verse. That biblical verse has seen me thru many hard times in life. It simply amazes my simple human mind, how Gods' word comes to life when we begin to meditate upon it. I use to have a battle with fear, I feared I was not good enough, feared success, feared loss of salvation. When I was a child I suffered physical and sexual abuse, so fear was common to me. This verse quickly set me free from fear, when I realized God is in control. A preacher taught me something about fear, check this out. Fear simply means, False Evidence Apearing Real. I think that is so neat. What are some ways that we can apply Gods' word to our lives?

The collection of evidence, whether it be direct, circumstantial, physical, or testimonial, is very important to a case. Why? Because that evidence is what the prosecution hopes will end with a conviction. However, sometimes things happen and evidence gets contaminated. Now, the biggest thing to determine is whether the contamination happened on accident or if someone tampered with it on purpose.

“The parol evidence rule is a legal rule that once a written agreement has been duly executed then it cannot be altered or annulled by any oral evidence that may contradict the terms of the agreement, except in case of a fraud or mistake” (BusinessDictionary.com, n.d.). There are exceptions to the patrol evidence rule where evidence that would normally be excluded may be admissible in court. The exceptions are contracts that are subsequently modified, contracts conditioned on orally agreed-on terms, contracts that are not final as they are part written and part oral, contracts with ambiguous terms, incomplete contracts, contracts with obvious typographical errors, voidable or void contracts, and evidence of prior dealings or usage of trade.

Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.