Who may give evidence of agreement varying terms of document
AI Assist
Summary
A non-party to a written document, or that person’s representative, may give evidence of facts showing a contemporaneous oral agreement that varies the document, but only when it affects their own interests. The actual parties to the document cannot use such oral evidence between themselves to contradict the written terms. This applies to agreements made at the same time as the document.
Example
Aditya and Meera sign a written contract that Meera will sell Aditya a quantity of cotton, payable on delivery. At the same time they orally agree to give Aditya three months credit. Aditya and Meera cannot rely on that oral promise between themselves to change the written terms, but Rohan, whose claim depends on whether credit was given, may testify about the oral agreement.
Bare Act
Enacted textPersons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.
Illustration.
A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time, they make an oral agreement that three months' credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.
Previous year papers
Pick your exam. we'll email the most recent paper.