A Treatise On the Law of Evidence volume 3
A Treatise On the Law of Evidence volume 3
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In our eReader you can find the full English version of the book. Read A Treatise On the Law of Evidence volume 3 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Treatise On the Law of Evidence volume 3
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1, § 37.
VOL. III. 31 362 LAW OF EVIDENCE IN EQUITY. [PART VI.
§ 360. In regard to the admissibilili/ of parol evidence to control the effect of a tvriting, we have already seen that the rule, subject to the modifications which were stated under it, ^ is inllexible, that extrinsic verbal evidence is not admissible, at Law, to contradict or alter a written instrument. In Equity, the same general doctrine is admitted; subject, how- ever, to certain other modilications, necessarily required for th...at relief which Equity alone can afford. For Equity relieves, not only against fraud, but against accidents and the mistakes of parties ; and whenever a written instrument, in its terms, stands in the way of this relief, it is obvious that parol evi- dence ought to be admitted, to show that the instrument does not express the intention of the parties, or, in other words, to control its written language by the oral language of truth. It may express more, or less, than one of the parties intended; or, it may express something different from that which they both intended ; in either of which cases, and in certain rela- tions of the parties before the Court, parol evidence of the fact is admissible, as indispensable to the relief.
What to read after A Treatise On the Law of Evidence volume 3?
You can find similar books in the "Read Also" column, or choose other free books by Greenleaf, Simon, 1783-1853 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
1, § 37.
VOL. III. 31 362 LAW OF EVIDENCE IN EQUITY. [PART VI.
§ 360. In regard to the admissibilili/ of parol evidence to control the effect of a tvriting, we have already seen that the rule, subject to the modifications which were stated under it, ^ is inllexible, that extrinsic verbal evidence is not admissible, at Law, to contradict or alter a written instrument. In Equity, the same general doctrine is admitted; subject, how- ever, to certain other modilications, necessarily required for th...at relief which Equity alone can afford. For Equity relieves, not only against fraud, but against accidents and the mistakes of parties ; and whenever a written instrument, in its terms, stands in the way of this relief, it is obvious that parol evi- dence ought to be admitted, to show that the instrument does not express the intention of the parties, or, in other words, to control its written language by the oral language of truth. It may express more, or less, than one of the parties intended; or, it may express something different from that which they both intended ; in either of which cases, and in certain rela- tions of the parties before the Court, parol evidence of the fact is admissible, as indispensable to the relief.
What to read after A Treatise On the Law of Evidence volume 3?
You can find similar books in the "Read Also" column, or choose other free books by Greenleaf, Simon, 1783-1853 to read onlineMoreLess
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