40. Position at common law.

(ii)     Evidence on Which Relief Will Be Granted

40.     Position at common law.

At common law, oral evidence is not in general admissible to show that a written contract, interpreted according to the ordinary rules of construction, does not express the true and complete intention of the parties1. So, at common law, if an agreement is ambiguous, oral evidence as to the intention of the parties with a view to showing that some term or word has been inserted or omitted by mistake is inadmissible2. However, when there is a latent ambiguity in the