Maxim 6.3.32
Words spoken vanish, words written remain. A written contract cannot be varied by parol proof.
Source: Broom, Max. 3d Lond. ed. 594; Weisman, 24d
Explanation
(English-origin maxim.) Written instruments supersede oral agreements — a contract reduced to writing cannot be contradicted or varied by prior or contemporaneous oral statements. This is the foundation of the parol evidence rule.
Where this applies
- A party tries to prove the written contract really meant something different, based on a prior conversation.
- After signing a written agreement, one side claims an oral side-deal changes its terms.
Cite this maxim
NeCede Max. 6.3.32 — Words spoken vanish, words written remain. A written contract cannot be varied by parol proof. — Broom, Max. 3d Lond. ed. 594; Weisman, 24d
Found an error? Suggest a correction →