2021 Georgia Code
Title 24 - Evidence
Chapter 3 - Parol Evidence
§ 24-3-1. Parol Evidence Contradicting Writing Inadmissible Generally

Universal Citation: GA Code § 24-3-1 (2021)

Parol contemporaneous evidence shall be generally inadmissible to contradict or vary the terms of a valid written instrument.

(Code 1981, §24-3-1, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Law reviews.

- For article, "The Parol Evidence Rule in Georgia," see 17 Ga. B.J. 49 (1954). For article discussing the advantages of contract rescission as a remedy for fraud, with respect to the parol evidence rule and the statute of frauds, in light of City Dodge, Inc. v. Gardner, 232 Ga. 766, 208 S.E.2d 794 (1974), see 11 Ga. St. B.J. 172 (1975). For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978). For article, "Supplementing Written Agreements: Restating the Parol Evidence Rule in Terms of Credibility and Relative Fault," see 34 Emory L.J. 93 (1985).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Evidence Inadmissible
  • Evidence Admissible

RESEARCH REFERENCES

Am. Jur. 2d.

- 17A Am. Jur. 2d, Contracts, § 329 et seq. 29A Am. Jur. 2d, Evidence, § 1104.

C.J.S.

- 32A C.J.S., Evidence, §§ 1125 et seq., 1130 et seq., 1148 et seq., 1207, 1211, 1212, 1216, 1241 et seq., 1247, 1249 et seq., 1270, 1271.

ALR.

- Parol evidence to prove title to real property when the title is only collaterally involved, 1 A.L.R. 1143.

Admissibility of parol evidence to vary or explain the contract implied from the regular endorsement of a bill or note, 11 A.L.R. 637; 22 A.L.R. 527; 35 A.L.R. 1120; 54 A.L.R. 999; 92 A.L.R. 721.

Parol evidence rule as applied to lease, 25 A.L.R. 787; 88 A.L.R. 1380; 151 A.L.R. 279.

Parol evidence rule as applied to escrow agreement, 49 A.L.R. 1529.

Parol evidence in relation to assumption of mortgage debt by grantee of mortgaged property, 50 A.L.R. 1220; 143 A.L.R. 548.

Parol evidence rule as applicable to agreement for improvement or alterations by vendor of real property, 68 A.L.R. 245.

Parol evidence rule as applied to letters or other informal writings not purporting to be the agreement itself, 68 A.L.R. 1251.

Admissibility of parol evidence of contents of lost certificate of protest, 75 A.L.R. 134.

Parol evidence rule as affecting extrinsic evidence to show or to negative usury, 82 A.L.R. 1199; 104 A.L.R. 1261.

Admissibility of parol or extrinsic evidence to show promise of employment or other consideration not embodied in written release of claim for bodily injury or death, 92 A.L.R. 248.

Admissibility of parol or extrinsic evidence to alter or supplement written records of local legislative bodies, 98 A.L.R. 1229.

"Contractual" consideration as regards parol evidence rule, 100 A.L.R. 17.

Admissibility of parol evidence to show whether particular word or phrase was intended to connote a chattel mortgage or conditional sale, 101 A.L.R. 625.

Exception to rule of admissibility of parol evidence to show that deed absolute on its face was intended as a mortgage, 111 A.L.R. 448.

Duty of federal courts to follow decisions of state courts as to the so-called "parol evidence rule"; and conflict of laws as to that rule, 141 A.L.R. 1043.

Application and effect of parol evidence rule as determinable upon the pleading, 10 A.L.R.2d 720.

Parol evidence rule as applicable to agreement not to engage in competition with a business sold, 11 A.L.R.2d 1227.

Parol evidence to show duration of written contract for support or maintenance, 14 A.L.R.2d 897.

Failure to object to parol evidence, or voluntary introduction thereof, as waiver of defense of statute of frauds, 15 A.L.R.2d 1330.

Parol evidence rule as applied to deposit of funds in name of depositor and another, 33 A.L.R.2d 569.

Parol evidence rule as applied to written guaranty, 33 A.L.R.2d 960.

Applicability of parol evidence to written listing agreement of real estate broker, 38 A.L.R.2d 542.

Admissibility of extrinsic evidence to explain or contradict bank deposit slips, deposit entries in passbooks, certificate of deposit, or similar instruments, 42 A.L.R.2d 600.

Admissibility of parol evidence of election officials to impeach election returns, 46 A.L.R.2d 1385.

Admissibility of parol evidence as to proceedings at meetings of stockholders or directors of private corporations or associations, 48 A.L.R.2d 1259.

Parol evidence to show that lease of personalty, absolute on its face, is conditional sale, 57 A.L.R.2d 1076.

Applicability of parol evidence rule to agreement between stockbroker and customer, 60 A.L.R.2d 1135.

Admissibility of parol evidence with respect to reservations or exceptions upon conveyance of real property, 61 A.L.R.2d 1390.

Admissibility of parol evidence as to limitation on cost structure in builder's action on written cost-plus-fee construction contract, 84 A.L.R.2d 1324.

"Merger" clause in written contract as precluding conviction for false pretenses based on earlier oral false representations, 94 A.L.R.2d 570.

Applicability of parol evidence rule in favor of or against one not a party to contract of release, 13 A.L.R.3d 313.

Parol exception of fixtures from conveyance or lease, 29 A.L.R.3d 1441.

Application of parol evidence rule in action on contract for architect's services, 69 A.L.R.3d 1353.

Modern status of rules governing legal effect of failure to object to admission of extrinsic evidence violative of parol evidence rule, 81 A.L.R.3d 249.

Admissibility of evidence to establish oral antenuptial agreement, 81 A.L.R.3d 453.

Liability in tort for interference with physician's contract or relationship with hospital, 7 A.L.R.4th 572.

Admissibility of testimony concerning extrajudicial statements made to, or in presence of, witness through interpreter - state cases, 97 A.L.R.6th 567.

Validity, construction, and enforcement of oral antenuptial agreements, 15 A.L.R.7th 2.

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