Documentary proof of written contractual terms excludes oral evidence, subject to admissible secondary evidence and specified exceptions. Section 91 requires contracts, grants, property dispositions, and matters legally required to be recorded in writing to be proved by the document itself ... Summary
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Documentary proof of written contractual terms excludes oral evidence, subject to admissible secondary evidence and specified exceptions.
Section 91 requires contracts, grants, property dispositions, and matters legally required to be recorded in writing to be proved by the document itself or admissible secondary evidence. It applies to terms contained in one or several documents, while one original is sufficient where multiple originals exist. Oral evidence remains admissible for facts mentioned in a document that are distinct from the terms required to be proved. Specific exceptions apply to written appointments of public officers and wills admitted to probate.
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