Maxim 6.3.12
Written words remain — a written contract cannot be varied by parol proof.
Verba scripta manent.
Source: Broom, Max. 594
Difficulty 2/5 — Approachable
Explanation
Once parties reduce their agreement to writing, the writing is the contract — prior oral negotiations merge into the instrument and cannot contradict it.
Where this applies
- We have a signed contract but my partner says we verbally agreed to different terms.
- The written agreement says one thing but the other party claims we discussed something else before signing.
See also
Cite this maxim
NeCede Max. 6.3.12 — Written words remain — a written contract cannot be varied by parol proof. — Broom, Max. 594 (Verba scripta manent.)
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