A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in Y's…
Section 100 allows evidence to show which of two sets of facts was meant when the language applies partly to each but wholly to neither. The illustration to section 100 says…
Choose your answer
A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in Y's occupation, and he has land in Y's occupation, but not at X. What is the position?
Answer and explanation
Correct answer C
Section 100 allows evidence to show which of two sets of facts was meant when the language applies partly to each but wholly to neither. The illustration to section 100 says evidence may be given to show which land A meant to sell, so the answer is "Evidence may be given of facts showing which land he meant to sell". The Act lays down no fixed rule preferring place or occupation.
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