IEA Section 97 — Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

Chapter 6

Civil

Summary

When language describes two different sets of facts, but does not fit either set completely, you can present evidence to show which set of facts the language was actually intended to describe.

Official Text

When the language used applies partly to one set existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.

Old <-> New Code Mapping

  • BSA §100 — Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies