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Extrinsic Evidence

What Is Extrinsic Evidence?

Extrinsic evidence refers to any evidence not contained within the four corners of a document, used to clarify, explain, or add context to the document's terms. This type of evidence is external to the document itself and can include oral testimony, other written documents, or anything else not included in the document being interpreted.

Extrinsic Evidence Explained

Extrinsic evidence is often used in legal disputes over the meaning or intent of a document's provisions, especially when the language is ambiguous or unclear. Courts may allow the introduction of extrinsic evidence to ascertain the parties' intentions at the time the document was executed.

However, the admissibility and use of extrinsic evidence are subject to various legal principles and rules, such as the parol evidence rule, which generally prohibits the use of extrinsic evidence to contradict or alter clear and unambiguous terms of a written contract.

The Term Extrinsic Evidence in Different Legal Contexts

The relevance and admissibility of extrinsic evidence can vary widely across different areas of law. In contract law, it is often used to interpret the parties' intent where there is ambiguity in the contract terms. In probate law, extrinsic evidence can help clarify the intent of a testator when drafting a will.

However, the use of extrinsic evidence is strictly regulated to prevent its misuse, ensuring that the integrity of written agreements and documents is maintained.

Common Misconceptions About the Meaning of Extrinsic Evidence

One common misconception is that extrinsic evidence can always be used to challenge or change the clear terms of a written document. In reality, the use of extrinsic evidence is limited by legal rules designed to respect the primacy of the written word and prevent the rewriting of clear and unambiguous agreements based on after-the-fact assertions.

Another misconception is that extrinsic evidence is only related to oral testimony; in fact, it encompasses a wide range of evidence types, including written communications, records of prior dealings, and more, provided they are external to the document in question.

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Drew Davis Van De Grift

Contracts and Agreements Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253

Thomas M. Cooley
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What Is Extrinsic Evidence?

Extrinsic Evidence Explained

The Term Extrinsic Evidence in Different Legal Contexts

Common Misconceptions About the Meaning of Extrinsic Evidence

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