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California Code of Civil Procedure Section 1856

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1856

1856.  (a) Terms set forth in a writing intended by the parties as a
final expression of their agreement with respect to such terms as
are included therein may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement.
   (b) The terms set forth in a writing described in subdivision (a)
may be explained or supplemented by evidence of consistent additional
terms unless the writing is intended also as a complete and
exclusive statement of the terms of the agreement.
   (c) The terms set forth in a writing described in subdivision (a)
may be explained or supplemented by course of dealing or usage of
trade or by course of performance.
   (d) The court shall determine whether the writing is intended by
the parties as a final expression of their agreement with respect to
such terms as are included therein and whether the writing is
intended also as a complete and exclusive statement of the terms of
the agreement.
   (e) Where a mistake or imperfection of the writing is put in issue
by the pleadings, this section does not exclude evidence relevant to
that issue.
   (f) Where the validity of the agreement is the fact in dispute,
this section does not exclude evidence relevant to that issue.
   (g) This section does not exclude other evidence of the
circumstances under which the agreement was made or to which it
relates, as defined in Section 1860, or to explain an extrinsic
ambiguity or otherwise interpret the terms of the agreement, or to
establish illegality or fraud.
   (h) As used in this section, the term agreement includes deeds and
wills, as well as contracts between parties.

Last modified: February 22, 2013