Evidence Act 1893 s 101
s 101 Who may give evidence of agreement varying terms of document
101. Persons 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.
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