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The parol evidence rule provides that where the parties have made an agreement and expressed it in a writing to which they have assented as the complete and accurate integration of the contract, evidence, parol or otherwise, of prior or contemporaneous negotiations, communications, understandings and other surrounding circumstances is not admissible for the purpose of varying or contradicting the writing.52 This rule is deemed to be a rule of substantive law, and not a rule of evidence.53 Thus, even if evidence in violation of the parol evidence rule is admitted at trial without objection, such evidence is of no probative force and should not be considered by the court.54 The parol evidence rule is subject to a number of exceptions. … continue reading »