IIUM Repository (IREP)

A critical appraisal of the parol evidence rule in contract law

Shair Mohamed, Mohd. Akram and Ali Mohamed, Ashgar Ali (2014) A critical appraisal of the parol evidence rule in contract law. In: International Conference of Social Sciences and Humanities (SOCIO-INT14), 8-10 sep 2014, Istanbul.

[img]
Preview
PDF - Published Version
Download (1MB) | Preview

Abstract

Under the common law the 'hallowed principle' in contract law is that once the parties have reduced their agreement into a written form, in the event of a dispute between them as to the written terms of the contract,they are prohibited from adducing extrinsic evidence to add to, subtract from, vary or contradict the written terms. The strict application of the rule was found to have caused hardship and worked unfairly to the parties. To mitigate the rigour of the rule, the judiciary created exception to the rule, whereby extrinsic evidence was allowed to be admitted. In time, the exceptions became so numerous as to virtually emasculate the 'hallowed' rule. To allay this uncertain state of affairs, law commission were set up in the United Kingdom, Canada, India and Singapore to reconsider the status of the rule. Some suggested a slight modification of the rule while the Law Commission in Ontario suggested a total abolition of the rule. This paper proposes to look at the nature of the 'parol evidence rule', numerous exceptions to it, the merits and demerits of the proposals for reform especially in the mother of common law England, Canada, India, Singapore and Malaysia.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 2226/38720 Proceedings of SOCIO-INT14: International Conference on Social Sciences and Humanities. ISBN: 978-605-64453-1-6
Uncontrolled Keywords: parol evidence rule, contract law, critical appraisal
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Ashgar Ali Ali Mohamed
Date Deposited: 13 Oct 2014 09:16
Last Modified: 13 Oct 2014 09:29
URI: http://irep.iium.edu.my/id/eprint/38720

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year