Oral evidence cannot be used to clarify terms that are obscure in a written contract.

Question

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When a written contract is obscure or indistinct in certain of its terms, oral evidence may be used to clarify those terms. For example, courts may allow a party to a written agreement to introduce oral testimony to show that the contract is void or voidable due to a lack of mutual assent or contractual capacity. The courts are willing to allow such testimony because it does not affect the terms of the agreement.

Oral Evidence Cannot Be Used to Clarify Terms That Are