“Intrinsic evidence” and “extrinsic evidence” are terms used primarily in legal contexts, particularly in relation to contract interpretation and the determination of facts in a trial.
Understanding the distinction between these two types of evidence is crucial in legal proceedings.
Intrinsic Evidence:
- Definition: Intrinsic evidence refers to the information that is contained within the document or matter at issue itself. In the context of legal documents such as contracts, intrinsic evidence includes the text of the contract and any elements that are physically part of it.
- Use: This type of evidence is used to determine the meaning, intent, and contents of the document based on its own language and structure. Intrinsic evidence is the primary source of interpretation in contract law, for example.
- Limitations: It is limited to what is actually presented in the document or issue at hand and does not include external or additional information.
Extrinsic Evidence:
- Definition: Extrinsic evidence, also known as external evidence, refers to any evidence that is not contained within the document or matter itself. It includes additional information, context, or facts that are not part of the original document.
- Use: This type of evidence is used to provide context, clarify ambiguities, or explain the circumstances surrounding the issue at hand. In contract law, extrinsic evidence might include communications between the parties during the negotiation phase, or industry practices that inform the terms used in the contract.
- Limitations and Rules: The admissibility and use of extrinsic evidence are often subject to specific legal rules. For instance, the “parol evidence rule” in contract law restricts the use of extrinsic evidence to interpret a written contract, especially when the contract is intended to be a complete and final representation of the parties’ agreement.
Key Differences:
- Nature: Intrinsic evidence is contained within the document or issue itself, whereas extrinsic evidence comes from outside sources.
- Purpose: Intrinsic is used to interpret the document based on its own content, while extrinsic provides external context or information.
- Admissibility in Court: Rules regarding the admissibility of these types of evidence can vary, with intrinsic evidence generally being more readily accepted, while extrinsic evidence may be subject to stricter rules.
Application in Legal Contexts:
In legal practice, both intrinsic and extrinsic evidence play vital roles.
The balance and interplay between them can significantly influence the outcome of legal disputes, especially in contract interpretation, where the aim is to ascertain the true intent of the parties involved.
