Contractual Interpretation in Indian Evidence Act Jurisdictions: Compatibility with Modern Contextual Approach

• Main Author: GOH, Yihan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2013
• Subjects: Asian Studies; Contracts
• Online Access: https://ink.library.smu.edu.sg/sol_research/1386; https://ink.library.smu.edu.sg/context/sol_research/article/3338/viewcontent/gyh_ContractualIntrepretationIndianEvidenceAct_2013.pdf
• Institution: Singapore Management University

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the original intent behind the Indian Evidence Act.