BSA Section 99 — Evidence as to application of language which can apply to one only of several persons

Summary

When the wording of a document or statement could apply to any one of several people or things, but could not possibly apply to more than one of them, evidence can be given to show which specific person or thing was actually intended.

Illustration (a): If A agrees to sell B "my white horse" for one thousand rupees, and A has two white horses, evidence may be given to show which of the two horses was meant.

Illustration (b): If A agrees to accompany B to Ramgarh, evidence may be given to show whether the Ramgarh in Rajasthan or the Ramgarh in Uttarakhand was meant.

Official Text

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

Illustrations.

(a) A agrees to sell to B, for one thousand rupees, “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 Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.

Old <-> New Code Mapping

• IEA §96 — Evidence as to application of language which can apply to one only of several persons