Question

S.99 of the Indian Evidence Act says persons who are not parties to a document or their representatives in interest may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. This is based on the principle

• A. Pacta tertii nec nocent nec prosunt
• B. Pacta sunt servanda
• C. Action personalis moriturcum persona
• D. None of the above

Hint:

Understanding Latin legal maxims is crucial for law exams. Associate \textit{Pacta tertii} with "third party rights" and connect it to Section 99 of the Evidence Act, which is an exception to the parol evidence rule (Section 92) for third parties.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question links Section 99 of the Indian Evidence Act to a specific legal maxim. First, it's important to understand the general rule contained in Section 92, to which Section 99 is an exception. Section 92 (the Parol Evidence Rule) states that when the terms of a contract have been reduced to a document, no evidence of any oral agreement shall be admitted between the parties to contradict, vary, add to, or subtract from its terms. This rule applies only to the \textit{parties} to the contract.
Step 2: Detailed Explanation:
Section 99 creates an exception for people who are not parties to the document (i.e., strangers or third parties). It allows them to give evidence of any facts that would vary the terms of the document. The reasoning is that a third party's rights cannot be prejudiced by a document to which they were not a party.
This is based on the Latin maxim Pacta tertii nec nocent nec prosunt, which means "Agreements between third parties neither harm nor benefit others." In other words, a contract affects only the contracting parties and cannot impose obligations or liabilities on a stranger to the contract. Since the stranger is not bound by the contract, they are free to show its true nature.
The other maxims mean:
- (B) \textit{Pacta sunt servanda}: Agreements must be kept (the basis of contract law).
- (C) \textit{Actio personalis moritur cum persona}: A personal right of action dies with the person.
Step 3: Final Answer:
Section 99 allows third parties to challenge the terms of a document because they are not bound by it, which is the essence of the maxim \textit{Pacta tertii nec nocent nec prosunt}. Therefore, option (A) is correct.