Elements in a Contract 9
When the terms of a contract have been formalized by a written agreement, the general rule is that the terms cannot be changed by adducing extrinsic (external) evidence to alter the terms of the contract. This is known as the Parol Evidence rule. In Henderson v Arthur (1907) the defendant was party to a lease that stipulated that rent should be paid in advance. However, prior to that there was an oral agreement whereby the parties agreed that the rent could be paid in arrears. The rent was outstanding and the plaintiff brought an action against the defendant. The defendant argued that there was a prior agreement that allowed him to pay the rent in arrears but the Court of Appeal held that an earlier oral agreement could not replace the terms of a later written agreement and the Parol Evidence rule prevented the earlier agreement from altering the terms of the new agreement. There are however certain exceptions to the rule and instances or circumstances where the rule will not app