Does the parol evidence rule preclude evidence of the oral part of an agreement that is partly in writing?
British Columbia, Canada
The following excerpt is from Fairchild Developments Ltd. v. Top Gun Bowling Investments Ltd., 1999 CanLII 5763 (BC SC):
In Norman Estate v. Norman (1990), 43 B.C.L.R. (2d) 194 (B.C.S.C.) at 200 Shaw J. said this: While I accept as a general proposition that the parol evidence rule does not preclude evidence of the oral part of an agreement that is partly in writing and party oral, I do not agree that this principle goes so far as to allow evidence of oral terms which conflict with those which the parties have put in writing.
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