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Monday, February 29, 2016

Ind. Decisions - "Two Recent Indiana Contract Cases Discuss Parol Evidence Issues"

In a Feb. 25th article in The National Law Review, Laura E. Gorman, Barnes & Thornburg, reviews two recent Court of Appeals decisions. The intro:

When interpretation of a written contract is in dispute, Indiana courts apply the “four corners rule,” also known as the “parol evidence rule,” to determine the intent of the parties in entering into the contract. If the language of a contract is clear and unambiguous, the parol evidence rule prevents the introduction of evidence of prior or contemporaneous negotiations and agreements that contradict, modify or otherwise vary the terms of the contract, and a court will enforce the contract as written. However, there are some exceptions to the parol evidence rule that permit a court to look beyond the four corners of the contract to determine the intent of the parties. Two recent decisions by the Indiana Court of Appeals analyzed the effects of the parol evidence rule in interpreting the intent of contracting parties, and whether exceptions to the rule were appropriate given the precise language of the written agreements.

Posted by Marcia Oddi on February 29, 2016 08:34 AM
Posted to Ind. App.Ct. Decisions