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Law · Q984

Indian Evidence Act

Graduate and Post Graduate · Law · question 984

Q984

A written contract is proved as per Section 91 of the Indian Evidence Act. Can the terms thereof be proved to have been altered by a contemporaneous oral agreement by a third party to the written contract?

A.
Terms of a written contract can never be varied
B.
The oral agreement can be proved to vary the terms of the written contract only if the original written contract is lost or destroyed
C.
The terms of the written contract are only binding between the parties to the document but a third party to the written contract can always show contemporaneous oral agreement to vary the terms of the written contract
Answer
D.
A third party cannot lead evidence to vary the terms of a written contract as he was not a party to the contract

Answer: Option C

Solution

Answer: Option C
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