A “merger clause” is a common provision in a contract. It will usually state something along the lines of the contract being a “complete and exclusive statement of the agreement.” If a contract is a final, complete agreement, the parol evidence rule prohibits prior or contemporaneous oral agreements which vary or contradict the written terms…
Legal Articles
Oral/Parol Gifts of Real Estate, Land
To convey title to land/real estate in Missouri, you typically need to execute a formal deed transferring title. There are various court-created exceptions to this, including the legal claim that land may be conveyed by an oral gift. Relatively speaking, there are not many cases in Missouri outlining all of the different factual circumstances in which…
Deed Interpretation, Vagueness, Extrinsic Evidence
Deeds are required to transfer title to real property. Sometimes, confusing language is used in deeds to where it is unclear when a certain person receives property. Like with contracts, the interpretation of deeds in Missouri centers on ascertaining the intention of the grantor (i.e., the person executing the deed and conveying title) from the…
Ambiguous Trusts, Parol Evidence
In interpreting trust documents, you are generally restricted to reviewing only the language and terms of the trust. Indeed, “[a]bsent any ambiguity in the terms of the trust, the intent of the [trust-maker] must be determined from the four corners of the instrument without resort to parol evidence as to the intention.” Kempton v. Dugan, 224…
Parol Evidence: Oral and Written Contract Interpretation
The rules of interpretation for contracts, promissory notes, leases, personal guarantees, etc. all generally adhere to the parol evidence rule. Parol evidence is evidence outside of the four-corners of a document which suggests what the document means, in whole or in part. The parol evidence rule generally prohibits the use of such extrinsic evidence, particularly…