A sells B a horse and verbally warrants him sound. A gives B a paper in these words "Bought of A a…
The paper is only a memorandum and not the contract of sale, so as shown in the illustration to proviso (2) of Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly…
Choose your answer
A sells B a horse and verbally warrants him sound. A gives B a paper in these words "Bought of A a horse for Rs. 500" Whether B can prove the verbal warranty:
Answer and explanation
Correct answer A
The paper is only a memorandum and not the contract of sale, so as shown in the illustration to proviso (2) of Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 92 of the Indian Evidence Act), B may prove the separate oral warranty of soundness and the answer is "Yes".
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