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Oral evidence


Evidence given by word of mouth in court. Generally speaking, oral evidence cannot be admitted to change a written agreement, though there are certain exceptions to this rule. These are: (1) where the whole contract is not in writing and oral evidence may be allowed to supply additional terms; (2) where it is necessary to show trade usage or custom or that a subcontract was subject to a condition precedent; or (3) to explain that words are used with a meaning other than their everyday meaning (trade usage perhaps).

Reference: The Penguin Business Dictionary, 3rd edt.