Do We Need a Parol Evidence Rule?

Abstract

A number of difficulties inhibit the giving of a simple answer to the question raised in the title of this paper. The difficulties are individually of a kind familiar enough in legal discussion, but they seem, in the case of the parol evidence rule, to have conspired together to obscure clear analysis. While some commentators are critical of decisions which invoke the parol evidence rule, it is suggested, their criticism would be better directed at the underdevelopment of concepts of mistake and unconscionability.