prior communications
Definition
Prior communications refers to any emails, letters, phone call notes, texts, or conversations that happened between two parties before they signed a contract or before a dispute arose. Courts and lawyers often look at these earlier exchanges to understand what both sides actually meant or intended when they made a deal. These past messages can sometimes be used as evidence to explain confusing contract language or to show what promises were made.
Example
If your supplier emails you promising free delivery before you sign a contract that says nothing about delivery costs, that email counts as a prior communication that could support your claim that free delivery was part of the deal.
Watch Out
Many contracts include a 'merger clause' that cancels out all prior communications, meaning those earlier promises or agreements become legally worthless once you sign.
See which terms appear in your contract?
This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.
