Legal Updates

The parol evidence rule will apply if a contract clause applies it

May 23, 2016
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A construction company agreed with a purchaser of an apartment within a registration form that he will be assigned an additional parking, a disabled parking, beyond the ordinary parking place in the attributed to all apartments but the signed contract did not include such provision. The purchaser filed a claim against the company based on the registration form.

The Supreme Court held that the parties agreed in the contract that all previous understandings between them are revoked and the contact governs. This agreement is to be read together with the fact that the contract was not silent on the issue of parking, but the parking issue was clearly set and did not require interpretation. Thus, there is no place to learn about the alleged intent of the parties from the registration form, as they themselves denied in the contract the possibility of resorting to it for the interpretation of the contact. Thus, the purchaser’s claim was rejected