Q: With a funeral agreement, does a verbal contract hold grounds over a signed contract?
The funeral director is telling me I gave him a verbal agreement that the funeral bill was going to be paid, but my step mother signed for the services and a acual contract. They are threatening to take me to a magistrate for the bill balance.
A:
There is something called the parol evidence rule. The parol evidence rule provides that evidence of additions or clarifications to a written contract, will not be permitted to prove the terms of the contract. The written contract governs the agreement between the parties. However, in order for the parol evidence to apply and keep out of evidence any statement the funeral director claims you made, three things must be show. First, is there evidence that the parties did have a contract. Second, is the contract void or voidable because of illegality, fraud, mistake or some other reason, and third, does the contract contain what is called an "integration" clause. An integration clause will state that what is set forth in the written contract is the entire agreement between the parties and it may not be amended except by written agreement signed by both parties. If the answer to any of these questions is "no," the parol evidence rule does not apply and the funeral director can attempt to prove you agreed to the funeral bill was going to be paid.
I do question where liability falls if the funeral director claims and the court is satisfied that you said the bill would be paid. That statement does not say "you" would pay the bill. The funeral director could say that he was fraudulently induced to provide services by your verbal statement.
So, to answer your question, you need to see if the agreement contains an integration clause. It seems to me that it will be difficult for the funeral director to prove that there is any liability on you, but I say this with full disclosure that I do not have all the facts to give you a complete answer.
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