Crucial Exams

Multistate Bar Examination Practice Question

A contractor and an owner execute a written construction contract that both parties intend as the complete and final expression of their agreement. During litigation over a disputed clause, the contractor offers testimony about a prior oral agreement that directly contradicts the written clause. Under the parol evidence rule, which statement best describes the admissibility of this testimony?

  • The testimony is admissible because parol evidence may always be used to clarify the parties' true intent, even if it contradicts the writing.

  • The testimony is inadmissible to contradict the written clause, but parol evidence could be admitted to explain an ambiguity or to prove fraud or another defense.

  • The testimony is inadmissible for any purpose once the court finds the writing to be a fully integrated agreement.

  • The testimony is admissible only if it supplements the writing with consistent additional terms and does not contradict any written provision.

Multistate Bar Examination
Contracts
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