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A sells a horse to B and orally warrants it to be sound. A gives B a simple receipt recording only the…

Section 95’s second proviso permits proof of the separate oral warranty. The receipt says nothing about soundness, and the warranty is consistent with its terms.…

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A sells a horse to B and orally warrants it to be sound. A gives B a simple receipt recording only the purchase and the price of ₹500. Under the Bharatiya Sakshya Adhiniyam, 2023, may B prove the warranty?

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Answer and explanation

Correct answer A

Section 95’s second proviso permits proof of the separate oral warranty. The receipt says nothing about soundness, and the warranty is consistent with its terms. Illustration (g) applies this rule to a horse sale.

Option feedback

Option A

Section 95’s second proviso admits a separate oral agreement on a matter the document leaves open when the agreement is consistent with its terms.

Option B

A warranty of soundness does not contradict the sale or price recorded on the receipt.

Option C

The proviso addresses matters on which the document is silent.

Option D

Registration is not a condition for proving this separate oral warranty under the proviso.

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