BSA Section 96 — Exclusion of evidence to explain or amend ambiguous document

Summary

When the words used in a document are unclear or incomplete on their face, no evidence can be given about outside facts to explain what the document means or to fill in its missing parts.

Illustration (a): A agrees in writing to sell a horse to B for "one lakh rupees or one lakh fifty thousand rupees". Evidence cannot be given to show which price was actually intended.

Illustration (b): A deed contains blank spaces. Evidence cannot be given of facts that would show how those blanks were meant to be filled in.

Official Text

When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.

Illustrations.

(a) A agrees, in writing, to sell a horse to B for “one lakh rupees or one lakh fifty thousand rupees”. Evidence cannot be given to show which price was to be given.

(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

Old <-> New Code Mapping

• IEA §93 — Exclusion of evidence to explain or amend ambiguous document