Section 96
of Evidence Act
ActIn forceProvision 104 of 190
Section 96
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.
Evidence
B.L.R.O. 4/2014 75
Illustrations
(a)
A agrees to sell to B for $500 “my white horse”. A has two 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 England or Halifax in Canada was meant.
Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies.