A sells B a horse and verbally warrants him sound. A gives B a paper in these words "Bought of A a horse for Rs. 500" Whether B can prove the verbal warranty:
Verified Answer
A. Yes
B. Barred under section 92 of Evidence Act
C. No
D. Under section 91 Indian Evidence Act only written documents can be proved
Explanation:
Section 92 of the Indian Evidence Act, 1872, bars oral evidence to contradict written terms, but it has exceptions. A verbal warranty can be proved if it's a separate, collateral agreement and not inconsistent with the written terms, especially if the written document is merely a memo or receipt and not the full contract.