collateral contract doctrine

collateral-contract doctrine. The principle that in a dispute concerning a written contract, proof of a second (usu. oral) agreement will not be excluded under the parol-evidence rule if the oral agreement is independent of and not inconsistent with the written contract, and if the information in the oral agreement would not ordinarily be ex-pected to be included in the written contract. — Also termed collateral-agreement doctrine. [Cases: Evidence 440. C.J.S. Evidence §§ 1249–1251, 1283.]

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词条贡献者

译者张文，国际知名商学院金融专业，擅长翻译各种与结构性融资及衍生品诉讼相关的法律文件。