The rule that once the terms of any contract have been proved by documentary evidence, no evidence of any oral statement shall be admitted for contradicting such terms has provisos establishing variations to the rule.

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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45.

The rule that once the terms of any contract have been proved by documentary evidence, no evidence of any oral statement shall be admitted for contradicting such terms has provisos establishing variations to the rule.

A: 6

B: 4

C: 3

D: 7

The answer is: A

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Explanation

The correct option is A: 6

The question is based on section 96 – when :

The langnage used in a document is on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Section 93 has six pro visos:

1. fact' which itself questions the validity of contract

2. existence of separate oral agreement on which law is silent and which is not inconsistent with its terms.

3. the existence of any separate oral agreement constituting 'a condition precedent.

4. the existence of any distinct subsequent oral agreement to rescind ormodify such contract..

5 any usage or custom by which incidents not expressly mentioned in any contract.

6 any fact that maybe proved which shows in what manner the language of a document is related to existing facts.