Which of the following statements is incorrect as per The Bharatiya Sakshya Adhiniyam, 2023 ?
AA contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for, verbally, on an- other occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.
✓A agrees absolutely in writing to pay B one thousand rupees on 1st March, 2023. The fact that, at the same time, an oral agreement was made that the money should not be paid till 31st March, 2023, can be proved.
Answer
CA 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.
DA orders goods from 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.
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Explanation & Strategy
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Under BSA 2023, the statements describe various contractual situations and their evidence implications. The INCORRECT statement is (B) — an absolute promise to pay Rs.1,000 without specifying when constitutes an unconditional promise, NOT a conditional one. The oral evidence rule would not apply to contradict a clear written term.