p pa pb pc pd pe pf pg ph pi pk pl pm pn po pp pr ps pt pu pv pw px py

Перевод: parol

[прилагательное]
данный устно; не содержащийся в документе за печатью;
[существительное]
устное показание или заявление

Тезаурус:

1. It may be possible to argue that the parol evidence rule applies and that the signed document contains the whole of the parties' agreement, which cannot be supplemented or varied by reference to any other document or oral agreement.
2. Creation of interests in land by parol
3. And whether he were not in this dilemma; that either his estate might enure for life, at his option; and then according to Lord Coke such an estate would, in legal contemplation, be an estate for life; which could not be created by parol: or if not for life, being for no assignable period, it must operate as a tenancy from year to year; in which case it would be inconsistent with, and repugnant to the nature of such an estate, that it should not be determinable at the pleasure of either party giving the regular notice.
4. However, the parol evidence rule is now generally regarded merely as a rule of presumed intention; it is therefore generally possible to avoid it if it can be shown that the written document was not intended to contain the whole of the parties' agreement (J Evans and Son (Portsmouth) Ltd v Andrea Merzario Ltd 1976 1 WLR 1078) or that the written agreement was supplemented by a collateral agreement, either oral or in writing (De Lasalle v Guildford 1901 2 KB 215; Brikom Investments Ltd v Carr 1979 QB 467).
5. It is not surprising, therefore, that the Law Commission has recommended no reform of the parol evidence rule, declaring that the rule is not as extensive as traditionally expounded (see Law of ContractThe Parol Evidence Rule, Law Commission No 154 (1986)).
6. It is better to include a specific provision in the standard terms to prevent a party proving a variation of the standard terms, or a collateral contract, rather than relying on the parol evidence rule.
7. 54 (2) Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine.
8. DENNING J. stated the facts and continued: If I were to consider this matter without regard to recent developments in the law, there is no doubt that, had the plaintiffs claimed it, they would have been entitled to recover ground rent at the rate of 2,500 a year from the beginning of the term, since the lease under which it was payable was a lease under seal which, according to the old common law, could not be varied by an agreement by parol (whether in writing or not), but only by deed.
9. The distinction between the effect of a deed under seal, and that of an agreement by parol, or by writing not under seal, may seem arbitrary, but it is established in our law; nor is it really unreasonable or practically inconvenient that the law should require particular solemnities to give a gratuitous contract the force of a binding obligation.
10. Rigge v. Bell (1793) 5 Durn. E. 471 a parol agreement for a seven-year lease did not comply with the Statute of Frauds 1677 but the tenant entered and paid a yearly rent and it was held that he was tenant from year to year on the terms of the agreement.
11. (b) Express terms Unless there is a written contract (which is rare in most consumer sales) there is the possibility that the parol evidence rule may prevent the successful incorporation of extrinsic evidence.