Saleem sells Babloo a horse and orally warrants that it is sound. Saleem gives Babloo a simple receipt…
A separate oral term may be proved if the document is silent on the matter and the term is consistent with it. Section 95 also requires regard to the formality of the…
Choose your answer
Saleem sells Babloo a horse and orally warrants that it is sound. Saleem gives Babloo a simple receipt recording only the horse and its price. Under the Bharatiya Sakshya Adhiniyam, 2023, which statement about proving the oral warranty is correct?
Answer and explanation
Correct answer B
A separate oral term may be proved if the document is silent on the matter and the term is consistent with it. Section 95 also requires regard to the formality of the document, and illustration (g) specifically permits proof of an oral soundness warranty where the sale is evidenced by a simple receipt.
Option feedback
Option A
A written receipt does not bar proof of a separate consistent oral agreement about a matter on which it is silent.
Option B
Section 95's second proviso and illustration (g) permit proof of the warranty in this receipt scenario.
Option C
The second proviso does not make proof of a consistent separate oral agreement depend on it being subsequent.
Option D
The second proviso does not require a separate signed writing.
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