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Assume the Bharatiya Sakshya Adhiniyam, 2023 applies and the written terms have been proved. Which…

Section 95 excludes proof of a simultaneous oral term that varies the payment date stated in the writing. Proviso (ii) allows proof of a separate consistent oral term on a…

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Assume the Bharatiya Sakshya Adhiniyam, 2023 applies and the written terms have been proved. Which statements are correct?

Statement I. Arun promises in writing to pay Bela unconditionally on 1 March. A simultaneous oral agreement postponing payment to 31 March cannot be proved to vary the written date.

Statement II. Arun sells Bela a horse and orally warrants that it is sound. The purchase receipt records the horse and price and says nothing about soundness. Bela may prove the oral warranty.

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Answer and explanation

Correct answer C

Section 95 excludes proof of a simultaneous oral term that varies the payment date stated in the writing.

Proviso (ii) allows proof of a separate consistent oral term on a matter the document leaves open. The horse warranty is the statutory example.

Option feedback

Option A

The payment-date statement is correct and the collateral-warranty statement is also correct.

Option B

The collateral-warranty statement is correct and the payment-date statement is also correct.

Option C

The oral postponement contradicts the writing, while the oral warranty is consistent with the receipt.

Option D

Section 95 supports both statements.

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