A agrees in writing to sell a horse to B for ₹1,000 or ₹1,500. Can the court admit evidence to show…
The uncertainty appears on the face of the agreement. Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 bars evidence to resolve such facial ambiguity. Illustration (a)…
Choose your answer
A agrees in writing to sell a horse to B for ₹1,000 or ₹1,500. Can the court admit evidence to show which of those prices was intended?
Answer and explanation
Correct answer B
The uncertainty appears on the face of the agreement. Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 bars evidence to resolve such facial ambiguity. Illustration (a) applies that rule to the two stated prices for a horse.
Option feedback
Option A
The seller's undisclosed intention cannot cure the facial ambiguity.
Option B
Section 96 and illustration (a) exclude evidence offered to select a price in this example.
Option C
The buyer's confirmation does not make such evidence admissible to resolve the written ambiguity.
Option D
Market price evidence cannot cure the facial ambiguity for the stated purpose.
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