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NeCede's

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.

Legal domains

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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