On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 20/12/1997.
PART II
PROOF
Facts which need not be proved
58. No fact of which the court will take judicial notice need be proved.
59.
—(1) The court shall take judicial notice of the following facts:
(a)
all laws or rules having the force of law now or heretofore in force or hereafter to be in force in Singapore, including all Acts passed or hereafter to be passed by Parliament;
(b)
all Acts passed or hereafter to be passed by the legislature of any territory within the Commonwealth;
(c)
articles of war for the armed forces of Singapore or any visiting forces lawfully present in Singapore;
(d)
the course of proceedings of Parliament and of the legislature of any territory within the Commonwealth;
(e)
the election of the President and the appointment of any person to exercise the functions of the President;
(f)
all seals of which English courts take judicial notice, the seals of all the courts in Singapore, the seals of notaries public, and all seals which any person is authorised to use by any law in force for the time being in Singapore;
(g)
the appointment, accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Singapore, if the fact of their appointment to such office is notified in the Gazette;
(h)
the existence, title and national flag of every State or Sovereign recognised by the Government;
(i)
the ordinary course of nature, natural and artificial divisions of time, the geographical divisions of the world, the meaning of English words, and public festivals, fasts and holidays notified in the Gazette;
(j)
the territories in the Commonwealth;
(k)
the commencement, continuance and termination of hostilities between Singapore or any other part of the Commonwealth and any other country or body of persons;
(l)
the names of the members and officers of the court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and solicitors and other persons authorised by law to appear or act before it;
(m)
the rule of the road on land or at sea;
(n)
all other matters which it is directed by any written law to notice.
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(2) In all these cases, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference.
(3) If the court is called upon by any person to take judicial notice of any fact, the court may refuse to do so unless such person produces any such book or document as it considers necessary to enable it to do so.
60.
—(1) No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing or which before the hearing they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings.
(2) The court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.
Oral evidence
61. All facts, except the contents of documents, may be proved by oral evidence.
62.
—(1) Oral evidence must in all cases whatever be direct —
(a)
if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw that fact;
(b)
if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard that fact;
(c)
if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived that fact by that sense or in that manner;
(d)
if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds.
(2) The opinions of experts expressed in any treatise commonly offered for sale and the grounds on which such opinions are held may be proved by the production of such treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable.
(3) If oral evidence refers to the existence or condition of any material thing other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection.
62A.
—(1) Notwithstanding any other provision of this Act, a person may, with leave of the court, give evidence through a live video or live television link in any proceedings, other than proceedings in a criminal matter, if —
(a)
the witness is below the age of 16 years;
(b)
it is expressly agreed between the parties to the proceedings that evidence may be so given;
(c)
the witness is outside Singapore; or
(d)
the court is satisfied that it is expedient in the interests of justice to do so.
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(2) In considering whether to grant leave for a witness outside Singapore to give evidence by live video or live television link under this section, the court shall have regard to all the circumstances of the case including the following:
(a)
the reasons for the witness being unable to give evidence in Singapore;
(b)
the administrative and technical facilities and arrangements made at the place where the witness is to give his evidence; and
(c)
whether any party to the proceedings would be unfairly prejudiced.
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(3) The court may, in granting leave under subsection (1), make an order on all or any of the following matters:
(a)
the persons who may be present at the place where the witness is giving evidence;
(b)
that a person be excluded from the place while the witness is giving evidence;
(c)
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified part of the order is to have effect;
(g)
the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; and
(h)
any other order the court considers necessary in the interests of justice.
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(4) The court may revoke, suspend or vary an order made under this section if —
(a)
the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)
it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties thereto;
(c)
it is necessary for the court to do so, so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; or
(e)
there has been a material change in the circumstances after the court has made an order.
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(5) The court shall not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.
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(6) An order made under this section shall not cease to have effect merely because the person in respect of whom it was made attains the age of 16 years before the proceedings in which it was made are finally determined.
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(7) Evidence given by a witness, whether in Singapore or elsewhere, through a live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code (Cap. 224) as having been given in the proceedings in which it is given.
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(8) Where a witness gives evidence in accordance with this section, he shall, for the purposes of this Act, be deemed to be giving evidence in the presence of the court.
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(9) The Rules Committee constituted under the Supreme Court of Judicature Act (Cap. 322) may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section.
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Documentary evidence
63. The contents of documents may be proved by primary or by secondary evidence.
64. Primary evidence means the document itself produced for the inspection of the court.
Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document.
Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 2.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but where they are all copies of a common original they are not primary evidence of the contents of the original.
Illustrations
A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.
65. Secondary evidence means and includes —
(a)
certified copies given under the provisions hereinafter contained;
(b)
copies made from the original by electronic, electrochemical, chemical, magnetic, mechanical, optical, telematic or other technical processes, which in themselves ensure the accuracy of the copy, and copies compared with such copies;
(c)
copies made from or compared with the original;
(d)
counterparts of documents as against the parties who did not execute them;
(e)
oral accounts of the contents of a document given by some person who has himself seen it.
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Illustrations
(a)
A photograph of an original is secondary evidence of its contents, though the 2 have not been compared, if it is proved that the thing photographed was the original.
(b)
A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter if it is shown that the copy made by the copying machine was made from the original.
(c)
A copy of a document in the form of a print-out, or image on a monitor screen, retrieved from a magnetic or optical storage device, such as a tape, hard disk, laser disc or CD-ROM, is secondary evidence of the contents of the document if it is shown that the copy retrieved from the storage device satisfies the conditions providing for the admissibility of such output.
(d)
A copy transcribed from a copy but afterwards compared with the original is secondary evidence, but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
(e)
Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine-copy of the original is secondary evidence of the original.
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66. Documents must be proved by primary evidence except in the cases mentioned in section 67.
67.
—(1) Secondary evidence may be given of the existence, condition or contents of a document admissible in evidence in the following cases:
(a)
when the original is shown or appears to be in the possession or power of —
(i)
the person against whom the document is sought to be proved;
(ii)
any person out of reach of or not subject to the process of the court; or
(iii)
any person legally bound to produce it,
and when, after the notice mentioned in section 68, such person does not produce it;
(b)
when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
(c)
when the original has been destroyed or lost, or when the party offering evidence of its contents cannot for any other reason not arising from his own default or neglect produce it in reasonable time;
(d)
when the original is of such a nature as not to be easily movable;
(e)
when the original is a public document within the meaning of section 76;
(f)
when the original is a document of which a certified copy is permitted by this Act or by any other law in force for the time being in Singapore to be given in evidence;
(g)
when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection.
(2) In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.
(3) In case (b), the written admission is admissible.
(4) In case (e) or (f), a certified copy of the document but no other kind of secondary evidence is admissible.
(5) In case (g), evidence may be given as to the general result of the documents by any person who has examined them and who is skilled in the examination of such documents.
68.
—(1) Secondary evidence of the contents of the documents referred to in section 67(1)(a) shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his solicitor, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the court considers reasonable under the circumstances of the case.
(2) The notice mentioned in subsection (1) shall not be required in order to render secondary evidence admissible in any of the following cases or in any other case in which the court thinks fit to dispense with it:
(a)
when the document to be proved is itself a notice;
(b)
when from the nature of the case the adverse party must know that he will be required to produce it;
(c)
when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;
(d)
when the adverse party or his agent has the original in court;
(e)
when the adverse party or his agent has admitted the loss of the document;
(f)
when the person in possession of the document is out of reach of or not subject to the process of the court.
68A.
—(1) Evidence may be given in the form of charts, summaries, computer output or other explanatory material if it appears to the court that —
(a)
the materials would be likely to aid the court’s comprehension of other evidence which is relevant and admissible according to the provisions of this Act or any other written law; and
(b)
the evidence that is to be given by any party is so voluminous or complex that the court considers it convenient to assess the evidence by reference to such materials.
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(2) Any fact or opinion asserted in any material referred to in subsection (1) shall be proved by relevant and admissible evidence, and if such fact or opinion is one that is admissible only on the proof of some other fact or opinion, such last-mentioned fact or opinion must be proved before evidence is given of the fact or opinion first-mentioned, unless the party undertakes to give proof of such fact or opinion and the court is satisfied with such undertaking.
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(3) In any proceedings where any material referred to in subsection (1) is adduced in evidence, the court may —
(a)
direct the party to provide such material in any form, including computer output;
(b)
require the provision of such material or copy thereof, including the identity and address of the person who prepared the material, to the other parties; and
(c)
specify a period within which such material or copy thereof must be provided to all parties to the proceedings.
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69. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.
70. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting witness alive and subject to the process of the court and capable of giving evidence.
71. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom of Great Britain and Northern Ireland, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.
72. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it is a document required by law to be attested.
73. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.
74. An attested document not required by law to be attested may be proved as if it was unattested.
75.
—(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal, admitted or proved to the satisfaction of the court to have been written or made by that person, may be compared by a witness or by the court with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.
(2) The court may direct any person present in court to write any words or figures for the purpose of enabling the court to compare the words or figures so written with any words or figures alleged to have been written by such person.
(3) This section shall apply also, with any necessary modifications, to finger impressions.
Public documents
76. The following documents are public documents:
(a)
documents forming the acts or records of the acts of —
(i)
the sovereign authority;
(ii)
official bodies and tribunals; and
(iii)
public officers, legislative, judicial and executive, whether of Singapore or of any part of the Commonwealth or of a foreign country;
(b)
public records kept in Singapore of private documents.
78.
—(1) Every public officer having the custody of a public document which any person has a right to inspect shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate, written at the foot of such copy, that it is a true copy of such document or part thereof, as the case may be.
(2) A certificate under subsection (1) shall be dated and subscribed by such officer with his name and his official title, and shall be sealed whenever such officer is authorised by law to make use of a seal, and such copies so certified shall be called certified copies.
Explanation .—Any officer who by the ordinary course of official duty is authorised to deliver such copies shall be deemed to have the custody of such documents within the meaning of this section.
79. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.
80.
—(1) The following public documents may be proved as follows:
(a)
the Acts, orders or notifications of the Government in any of its departments —
by the records of the departments certified by the heads of those departments or by a Minister or by any document purporting to be printed by the authority of the Government;
(b)
the proceedings of Parliament —
by the minutes of Parliament or by published Acts or abstracts or by copies purporting to be printed by the authority of the Government;
(c)
the Acts, orders or notifications of the Government of Malaysia or the proceedings of the Parliament of Malaysia —
by copies or extracts contained in the Government Gazette of Malaysia or by the recognition thereof in any Act or Ordinance of Malaysia or any State thereof;
(d)
proclamations, orders or regulations issued by Her Majesty or by the Privy Council or by any department of Her Majesty’s Government —
by copies or extracts contained in the London Gazette or the Gazette;
(e)
the Acts of the Executive or the proceedings of the legislature of a foreign country —
by journals published by their authority or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some public Act of Singapore;
(f)
the proceedings of a municipal body, town board or other local authority in Malaysia —
by a copy of such proceedings certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(g)
public documents of any other class in a foreign country —
by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a notary public or of a consular officer of Singapore that the copy is duly certified by the officer having the legal custody of the original and upon proof of the character of the document according to the law of the foreign country.
(2) Copies of Acts, Ordinances and Statutes passed by the legislature of any territory in the Commonwealth and of orders, regulations and other instruments issued or made under the authority of any such Act, Ordinance or Statute, if purporting to be printed by the Government Printer, shall be received in evidence by all courts in Singapore without any proof being given that the copies were so printed.
(3) In this section, “Government Printer” means, as respects any territory in the Commonwealth, the printer purporting to be the printer authorised to print the Acts, Ordinances or Statutes of the legislature of that territory, or otherwise to be the Government Printer of that territory.
80A.
—(1) A print, whether enlarged or not, purporting to be made from a film of any document in the possession of the Government or any statutory body specified in the Schedule may be produced in proof of the contents of the document or such part of the document to which the print purports to be a copy upon proof that —
(a)
while the document was in the custody or control of the Government or specified statutory body the film was taken in order to keep a permanent record thereof; and
(b)
the document photographed —
(i)
was subsequently destroyed, whether deliberately or otherwise;
(ii)
was so damaged as to be wholly or partly indecipherable;
(iii)
was lost; or
(iv)
had passed out of the custody or control of the Government or specified statutory body.
(2) Proof —
(a)
that a print is made from a film of a document in the possession of the Government or a specified statutory body; and
(b)
of compliance with the conditions in subsection (1),
may be given in respect of any document or groups of documents by a public officer or by an employee of the specified statutory body having custody or control of the film, orally or by a certificate purporting to be signed by such public officer or employee.
(3) A certificate under subsection (2) shall be admissible in evidence in any proceedings before any court on its production without further proof.
(4) On the production of a certificate under subsection (3), the court before which it is produced shall, until the contrary is proved, presume —
(a)
that the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true; and
(b)
that the certificate purporting to be signed by a public officer or an employee of a specified statutory body has been signed by him.
(5) In this section —
“film” includes a photographic plate, microfilm and photostatic negative;
“specified statutory body” means a statutory body specified in the Schedule.
(6) The Minister may, by order published in the Gazette, amend the Schedule.
Presumptions as to documents
81.
—(1) The court shall presume to be genuine every document purporting to be a certificate, certified copy or other document which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any public officer in Singapore or any officer in Malaysia who is duly authorised thereto, if such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
(2) The court shall also presume that any officer by whom any such document purports to be signed or certified held, when he signed it, the official character which he claims in such document.
82. Whenever any document is produced before any court purporting to be a record or memorandum of the evidence or of any part of the evidence given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence, or to be a statement or confession by any prisoner or accused person, taken in accordance with law and purporting to be signed by any Judge or Magistrate or by any such authorised officer, the court shall presume —
(a)
that the document is genuine;
(b)
that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and
(c)
that such evidence, statement or confession was duly taken.
83. 2The court shall presume the genuineness of every document purporting to be the Government Gazette of Singapore or the Government Gazette of Malaysia or of any part of the Commonwealth, or to be the Gazette issued by the local government of any part of Malaysia or of the Commonwealth, or to be a newspaper or journal and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
2 See also section 48 of the Interpretation Act (Cap. 1) and the explanation appended to section 92 of this Act.
84. When any document is produced before any court purporting to be a document which by the law in force for the time being in England or Northern Ireland would be admissible in proof of any particular in any court of justice in England or Northern Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed —
(a)
the court shall presume that such seal, stamp or signature is genuine, and that the person signing it held at the time when he signed it the judicial or official character which he claims; and
(b)
the document shall be admissible for the same purpose for which it would be admissible in England or Northern Ireland.
86. The court shall presume the genuineness of every book purporting —
(a)
to be printed or published under the authority of the government of any country and to contain any of the laws of that country; or
(b)
to contain reports of decisions of the courts of such country.
87. The court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary public or any court, Judge, Magistrate or consular officer of Singapore, was so executed and authenticated.
88. The court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of the Commonwealth is genuine and accurate if the document purports to be certified in any manner which is certified by any representative of the President or of Her Britannic Majesty in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
89. The court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place by whom or at which it purports to have been written or published.
90. The court may presume that a message forwarded from a telegraph office to the person to whom such message purports to be addressed corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the court shall not make any presumption as to the person by whom such message was delivered for transmission.
91. The court shall presume that every document called for and not produced, after notice to produce given under section 68, was attested, stamped and executed in the manner required by law.
92. Where any document purporting or proved to be 30 years old is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person is in that person’s handwriting, and in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation .—Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. This explanation applies also to section 83.
Illustrations
(a)
A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land, showing his titles to it. The custody is proper.
(b)
A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper.
(c)
A, a connection of B, produces deeds relating to lands in B’s possession, which were deposited with him by B for safe custody. The custody is proper.
Exclusion of oral by documentary evidence
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
93. When the terms of a contract or of a grant or of any other disposition of property have been reduced by or by consent of the parties to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property or of such matter except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act.
Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.
Exception 2.—Wills admitted to probate in Singapore may be proved by the probate.
Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.
Explanation 2.—Where there are more originals than one, one original only need be proved.
Explanation 3.—The statement in any document whatever of a fact, other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.
Illustrations
(a)
If a contract is contained in several letters, all the letters in which it is contained must be proved.
(b)
If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c)
If a bill of exchange is drawn in a set of 3, one only need be proved.
(d)
A contracts in writing with B for the delivery of pepper upon certain terms.
The contract mentions the fact that B had paid A the price of other pepper contracted for verbally on another occasion.
Oral evidence is offered that no payment was made for the other pepper. The evidence is admissible.
(e)
A gives B a receipt for money paid by B.
Oral evidence is offered of the payment. The evidence is admissible.
94. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 93, no evidence of any oral agreement or statement shall be admitted as between the parties to any such instrument or their representatives in interest for the purpose of contradicting, varying, adding to, or subtracting from its terms subject to the following provisions:
(a)
any fact may be proved which would invalidate any document or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, the fact that it is wrongly dated, want or failure of consideration, or mistake in fact or law;
(b)
the existence of any separate oral agreement, as to any matter on which a document is silent and which is not inconsistent with its terms, may be proved; in considering whether or not this proviso applies, the court shall have regard to the degree of formality of the document;
(c)
the existence of any separate oral agreement constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved;
(d)
the existence of any distinct subsequent oral agreement, to rescind or modify any such contract, grant or disposition of property, may be proved except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents;
(e)
any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description may be proved; except that the annexing of such incident would not be repugnant to or inconsistent with the express terms of the contract;
(f)
any fact may be proved which shows in what manner the language of a document is related to existing facts.
Illustrations
(a)
A policy of insurance is effected on goods “in ships from Singapore to London”. The goods are shipped in a particular ship, which is lost. The fact that that particular ship was orally excepted from the policy cannot be proved.
(b)
A agrees absolutely in writing to pay B $1,000 on 1st March 1893. The fact that at the same time an oral agreement was made that the money should not be paid till 31st March cannot be proved.
(c)
An estate called “the Kranji Estate” is sold by a deed which contains a map of the property sold. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved.
(d)
A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B as to their value. This fact may be proved.
(e)
A institutes a suit against B for the specific performance of a contract, and also prays that the contract may be performed as to one of its provisions on the ground that that provision was inserted in it by mistake. A may prove that such a mistake was made as would by law entitle him to have the contract performed.
(f)
A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired.
(g)
A sells B a horse and verbally warrants him sound. A gives B a paper in these words: “Bought of A a horse for $300.” B may prove the verbal warranty.
(h)
A hires lodgings of B and gives B a card on which is written: “Rooms $80 a month.” A may prove a verbal agreement that these terms were to include partial board.
A hires lodgings of B for a year, and a regularly stamped agreement drawn up by an attorney is made between them. It is silent on the subject of board. A may not prove that board was included in the terms verbally.
(i)
A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount A may prove this.
(j)
A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B, who sues A upon it. A may show the circumstances under which it was delivered.
95. 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 $500 or $600. 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.
96. When language used in a document is plain in itself and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.
Illustrations
A conveys to B by deed “my estate at Kranji containing 100 hectares”. A has an estate at Kranji containing 100 hectares. Evidence may not be given of the fact that the estate meant was one situated at a different place and of a different size.
97. When language used in a document is plain in itself, but is meaningless in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustrations
A conveys to B by deed “my plantation in Penang”.
A had no plantation in Penang, but it appears that he had a plantation in Province Wellesley, 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 plantation in Province Wellesley.
98. 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 to which of those persons or things it was intended to apply.
Illustrations
(a)
A agrees to sell to B for $500 “my white horse”. A has 2 white horses. Evidence may be given of facts which show which of them was meant.
(b)
A agrees to accompany B to Halifax. Evidence may be given of facts showing whether Halifax in Yorkshire or Halifax in Nova Scotia was meant.
Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
99. When the language used applies partly to one set of 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 2 it was meant to apply.
Illustrations
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.
100. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.
Illustrations
A, a sculptor, agrees to sell to B “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.
101. Persons who are not parties to a document or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document.
Illustrations
A and B make a contract in writing that B shall sell A certain tin to be paid for on delivery. At the same time they make an oral agreement that 3 months’ credit shall be given to A. This could not be shown as between A and B, but it might be shown by C if it affected his interests.