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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. | 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. |