Evidence Act 1893 · 2020 Revised Edition · Part 2 · Proof
98. Evidence as to application of language which can apply to one only of several persons
Feedback & supportWhen 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.Illustrations (a) A agrees to sell to B for $500 “my white horse”. A has 2 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 Yorkshire or Halifax in Nova Scotia was meant.
evidence
“evidence” includes —(a)all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;