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Since an issue that has attracted the attention of the [[Queen’s Bench Division]] ''must'' be important, the Court’s doubt will benefit not one party or the other, but the paperwork both of them signed. The Lord is not your witness, so the signed written record will have to do. | Since an issue that has attracted the attention of the [[Queen’s Bench Division]] ''must'' be important, the Court’s doubt will benefit not one party or the other, but the paperwork both of them signed. The Lord is not your witness, so the signed written record will have to do. | ||
This rule against extraneous evidence — as with so many historic principles of the [[common law]], these days a diminished thing | This rule against extraneous evidence — as with so many historic principles of the [[common law]], these days a diminished thing — is known as the “[[parol evidence]]” rule. | ||
===The unilateral contract=== | |||
Curiously, the foregoing is less obviously true in the case of a unilateral contract which is signed by neither parties: for example the famous [[carbolic smoke-ball]]. In that unique case, the immaterial ''[[consensus ad idem]]'' and the written form of the contract, albeit unsigned, are coextensive. There is no other articulation of the agreement. | |||