Site navigation

Saleem sells Babloo a horse and orally warrants that it is sound. A brief written sale memorandum…

Section 95 generally excludes oral evidence between the parties to vary the proved terms of a written transaction. The second proviso permits proof of a consistent separate…

Choose your answer

Saleem sells Babloo a horse and orally warrants that it is sound. A brief written sale memorandum records that Babloo bought the horse from Saleem for ₹500 and says nothing about its condition. Under section 95 of the Bharatiya Sakshya Adhiniyam, 2023, may Babloo prove the oral warranty?

Select one answer
Answer and explanation

Correct answer B

Section 95 generally excludes oral evidence between the parties to vary the proved terms of a written transaction. The second proviso permits proof of a consistent separate oral agreement about a matter the document leaves open, with the document's formality taken into account. Illustration (g) applies the rule to a horse-sale memorandum and an oral warranty of soundness.

Option feedback

Option A

A brief sale memorandum does not itself bar proof of a consistent collateral agreement.

Option B

The second proviso allows proof of a collateral oral warranty on these facts. Illustration (g) uses a horse sale.

Option C

The second proviso requires consistency with the writing.

Option D

The proviso allows proof of a separate oral agreement if its conditions are met.

Practice for these exams

Related exam syllabi

Related questions in this topic