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The difficulty surrounding the existence of the parol evidence rule, is exemplified by the Law Commission Reports of 1976 and 1986;
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The difficulty surrounding the existence of the parol evidence rule, is exemplified by the Law Commission Reports of 1976 and 1986; over ten years, two contrasting recommendations were issued on the validity of its functions and raison d'être. In order to assess the desirability of abrogating1 or conserving2 the parol evidence rule in English law, it will be first necessary to examine the statement of the rule before considering the arguments in favour and against the abolition of the rule. It will also be necessary to examine the scope of the rule and trends in other jurisdictions in order to come to a reasonable decision. In essence, the effect of the parol evidence rule is to exclude extrinsic evidence that would add to, vary or contradict the terms of a written agreement3. Thus, the rule can only be applied where the parties have entered a written contract4. The rule has no...
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