Malaysia legislation
Section 91
Section 91
When the terms of a contract or of a grant or of any other disposition of property have been reduced by or by consent of the parties to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of the contract, grant or other disposition of property or of the matter except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.
Exception 1—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.
Exception 2—Wills admitted to probate in Malaysia may be proved by the probate.
Explanation 1—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one.
Evidence 71
Explanation 2—Where there are more originals than one, one original only need be proved.
Explanation 3—The statement in any document whatever of a fact, other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.
(a)
If a contract is contained in several letters, all the letters in which it is contained must be proved.
(b)
If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c)
If a bill of exchange is drawn in a set of three, one only need be proved.
(d)
A contracts in writing with B for the delivery of pepper upon certain terms. The contract mentions the fact that B had paid A the price of other pepper contracted for verbally on another occasion.
Oral evidence is offered that no payment was made for the other pepper.
The evidence is admissible.
(e)
A gives B a receipt for money paid by B.
Oral evidence is offered of the payment.
The evidence is admissible.
Exclusion of evidence of oral agreement