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    Exclusion of Evidence Against Application of Document of Existing Facts

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    priyanka
    The document discusses different situations where extrinsic evidence may be provided to clarify the meaning and intended application of language used in a legal document such as a deed or contract. Specifically, it states that evidence can be provided: 1) When the language in the document is unclear or unmeaning in reference to existing facts, to show that it was used in a peculiar sense. 2) When the language could apply to multiple people or things, to show which one was intended. 3) When the language applies partly to one set of existing facts and partly to another, but not completely to either, to show to which it was meant to apply. 4) To clarify the meaning of illegible, obsolete

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    Exclusion of Evidence Against Application of Document of Existing Facts

    Uploaded by

    priyanka
    19 views3 pages
    The document discusses different situations where extrinsic evidence may be provided to clarify the meaning and intended application of language used in a legal document such as a deed or contract. Specifically, it states that evidence can be provided: 1) When the language in the document is unclear or unmeaning in reference to existing facts, to show that it was used in a peculiar sense. 2) When the language could apply to multiple people or things, to show which one was intended. 3) When the language applies partly to one set of existing facts and partly to another, but not completely to either, to show to which it was meant to apply. 4) To clarify the meaning of illegible, obsolete

    Original Title

    evidence act

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    The document discusses different situations where extrinsic evidence may be provided to clarify the meaning and intended application of language used in a legal document such as a deed or contract. Specifically, it states that evidence can be provided: 1) When the language in the document is unclear or unmeaning in reference to existing facts, to show that it was used in a peculiar sense. 2) When the language could apply to multiple people or things, to show which one was intended. 3) When the language applies partly to one set of existing facts and partly to another, but not completely to either, to show to which it was meant to apply. 4) To clarify the meaning of illegible, obsolete

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views3 pages

    Exclusion of Evidence Against Application of Document of Existing Facts

    Uploaded by

    priyanka
    The document discusses different situations where extrinsic evidence may be provided to clarify the meaning and intended application of language used in a legal document such as a deed or contract. Specifically, it states that evidence can be provided: 1) When the language in the document is unclear or unmeaning in reference to existing facts, to show that it was used in a peculiar sense. 2) When the language could apply to multiple people or things, to show which one was intended. 3) When the language applies partly to one set of existing facts and partly to another, but not completely to either, to show to which it was meant to apply. 4) To clarify the meaning of illegible, obsolete

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Exclusion of 94.

    When language used in a document is plain in itself, and


    evidence against when it applies accurately to existing facts, evidence may not be
    application of given to show that it was not meant to apply to such facts.
    document of
    existing facts Illustration

    A sells to B, by deed, "my estate at Rangpur containing 100


    bighas". A has an estate at Rangpur containing 100 bighas.
    Evidence may not be given of the fact that the estate meant to
    be sold was one situated at a different place and of a different
    size.

      Evidence as to 95. When language used in a document is plain in itself, but


    document is unmeaning in reference to existing facts, evidence may
    unmeaning in be given to show that it was used in a peculiar sense.
    reference to
    Illustrations
    existing facts

     
    A sells to B, by deed "my house in 31[ Dhaka]".

    A had no house in 32[ Dhaka], but it appears that he had a


    house at 33[ Narayanganj], of which B had been in
    possession since the execution of the deed.

    These facts may be proved to show that the deed related


    to the house at 34[ Narayanganj].

      Evidence as to   96. When the facts are such that the language used might
    application of have been meant to apply to any one, and could not have
    language which been meant to apply to more than one, of several persons
    can apply to one or things, evidence may be given of facts which show which
    only of several of those persons or things it was intended to apply to.
    persons
    Illustrations

    (a) A agrees to sell to B, for Taka 1,000, "my white horse". A


    has two white horses. Evidence may be given of facts which
    show which of them was meant.

    (b) A agrees to accompany B to 35[ Saidpur]. Evidence may


    be given of facts showing whether 36[ Saidpur in Khulna or
    Saidpur in Rangpur] was meant.

      Evidence as to 97. When the language used applies partly to one set of
    application of existing facts, and partly to another set of existing facts,
    language to one of but the whole of it does not apply correctly to either,
    two sets of facts, evidence may be given to show to which of the two it was
    to neither of which meant to apply.
    the whole correctly
     
    applies Illustration

    A agrees to sell to B "my land at X in the occupation of Y". A


    has land at X, but not in the occupation of Y, and he has
    land in the occupation of Y, but it is not at X. Evidence may
    be given of facts showing which he meant to sell.

      Evidence as to   98. Evidence may be given to show the meaning of illegible


    meaning of or not commonly intelligible characters, of foreign,
    illegible characters, obsolete, technical, local and provincial expressions, of
    etc abbreviations and of words used in a peculiar sense.
    Illustration

    A, a sculptor, agrees to sell to B, "all my mods". A has both


    models and modeling tools. Evidence may be given to show
    which he meant to sell.

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