Site navigation

A sells B a horse and verbally warrants him sound. A gives B a paper reading, "Bought of A a horse for…

Under the second proviso to section 95, a separate oral agreement on a matter on which the document is silent, and not inconsistent with it, may be proved. Illustration (g)…

Choose your answer

A sells B a horse and verbally warrants him sound. A gives B a paper reading, "Bought of A a horse for thirty thousand rupees". May B prove the verbal warranty?

Select one answer
Answer and explanation

Correct answer C

Under the second proviso to section 95, a separate oral agreement on a matter on which the document is silent, and not inconsistent with it, may be proved. Illustration (g) to section 95 says B may prove the verbal warranty of soundness, as the paper is silent on it, so the answer is "Yes, B may prove the verbal warranty". The informal paper does not purport to contain every term.

Practice for these exams

Related exam syllabi

Related questions in this topic