Oral evidence exclusion preserves written terms while permitting proof of invalidity, separate agreements, conditions, custom, and contextual facts. Section 92 excludes oral agreements or statements that contradict, vary, add to, or subtract from written terms proved between parties and their ... Summary
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Oral evidence exclusion preserves written terms while permitting proof of invalidity, separate agreements, conditions, custom, and contextual facts.
Section 92 excludes oral agreements or statements that contradict, vary, add to, or subtract from written terms proved between parties and their representatives in interest. Evidence may nevertheless establish facts that invalidate the writing, a consistent separate agreement on a matter left silent, a condition precedent, or a distinct subsequent oral rescission or modification, subject to legal requirements of writing and registration. Usage or custom and contextual facts may also be proved where they do not conflict with express terms.
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