Evidence Act 1893 · 2020 Revised Edition · Part 2 · Proof
101. Who may give evidence of agreement varying terms of document
Feedback & supportPersons who are not parties to a document or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document.Illustration A and B make a contract in writing that B is to sell A certain tin to be paid for on delivery. At the same time they make an oral agreement that 3 months’ credit is to be given to A. This could not be shown as between A and B, but it might be shown by C if it affected C’s interests.
document
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;