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In force2014 Revised Edition
Contents

Chapter VI

96. Evidence as to application of language which can apply to one only of several persons

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

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.

Report