A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not…
Section 95 bars only oral evidence varying the terms of contracts, grants or dispositions of property, and a receipt records a fact rather than such terms. Illustration (i)…
Choose your answer
A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount, may A prove this?
Answer and explanation
Correct answer A
Section 95 bars only oral evidence varying the terms of contracts, grants or dispositions of property, and a receipt records a fact rather than such terms. Illustration (i) to section 95 says A may prove that B kept the receipt without sending the money, so the answer is "Yes, A may prove it". A receipt is not conclusive of payment.
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