Meaning & use

extrinsic evidence

noun·Advancedlegallawformal

Last updated

UK/ekˈstrɪn.sɪk ˈev.ɪ.dəns/
US/ekˈstrɪn.zɪk ˈev.ə.dəns/

Meaning

  1. noununcountablelegallawformal

    Evidence that comes from outside a written agreement or document and is used to help explain or interpret it.

    Grammar: Uncountable: say 'extrinsic evidence', not 'an extrinsic evidence' or 'extrinsic evidences'.

    Patterns

    • extrinsic evidence of something
    • admit extrinsic evidence
    • consider extrinsic evidence

    The court refused to consider extrinsic evidence about what the parties had discussed before signing the contract.

    Lawyers sometimes use extrinsic evidence, such as earlier drafts or emails, to show what a vague clause was meant to say.

    The judge ruled that extrinsic evidence was not needed because the contract's wording was already clear.

Common combinations

admit extrinsic evidence
The judge agreed to admit extrinsic evidence from two witnesses.
exclude extrinsic evidence
The rules of the agreement exclude extrinsic evidence in most disputes.
extrinsic evidence of intent
Her notes provided extrinsic evidence of intent when the contract was drafted.
the parol evidence rule
The parol evidence rule limits when extrinsic evidence can be used in contract cases.

Synonyms and how they differ

parol evidence
A related legal term for spoken or outside evidence about a written agreement; it is narrower and tied to a specific rule of contract law.
external evidence
A more general phrase meaning evidence from outside a source; it is not a fixed legal term and can be used in other fields.

Opposites

intrinsic evidence

Word family

extrinsic adjective
Coming from outside something; the opposite of intrinsic.

Commonly confused: extrinsic evidence or intrinsic evidence?

extrinsic evidence vs intrinsic evidence

Intrinsic evidence comes from within the document itself, while extrinsic evidence comes from outside it.

Practice

The judge refused to ______ extrinsic evidence because the contract was clear.

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