Extrinsic evidence definition
Examples of Extrinsic evidence in a sentence
Extrinsic evidence (evidence outside the official record of agreement, being the written collective agreement itself) is only helpful when it reveals the mutual intention.
Extrinsic evidence may clarify but not contradict a collective agreement.
Extrinsic evidence of previous dealings could be admitted.210 Terms Implied From Custom or Usage In recent times, terms are less likely to be implied on this basis than on many of the other grounds.211 The existence of a custom or usage that will justify the implication of a term into a contract is a question of fact.
Extrinsic evidence is admissible to determine whether the testator omitted the living child solely because he or she believed the child to be dead.
Extrinsic evidence shows that G intended to create a revocable trust and did not understand the need for a revocation clause.
Extrinsic evidence may be used only, however, where a term or condition herein is ambiguous and an item, document, or evidence referenced herein but not included may provide clarity as to the Parties’ intent.
Identification of Subject Matter Extrinsic evidence is admissible to resolve ambiguity about subject matter of contract.
Extrinsic evidence is not admissible in any proceeding to vary or contradict the terms of this Agreement.
Rectification Extrinsic evidence may be admitted to show the parties’ intention was not properly recorded.222 Inadmissible Evidence Evidence of certain matters is treated as being inadmissible: Subjective Intention evidence of subjective intentions of the parties is not admissible.
Extrinsic evidence is available to show that a document, ostensibly the entire and final contract, does not contain all the terms of the agreement but may for example be partly oral and partly written, or in more than one document: State Rail Authority of New South Wales v Health Outdoor Pty Ltd (1986) 7 NSWR 170at 191.