Mistake in Contract: A Valid Ground for Avoidance
contract clat_ug advanced discussionAbhi to kuch log sochte hai ki ek galti karne par contract ko cancel nahi kiya ja sakta. But main kehta hoon, kyon? Section 24, Contract Act 1872 kehte hain, "If a party to a contract has not at the time of entering into it a legal capacity to contract, or the consent of such party has not been given without undue influence, or he or she has been induced to enter into a contract by coercion, or he or she has been induced to enter into a contract by misrepresentation or wrongful concealment of material facts, the contract is voidable at the option of that party."
Iske baavjood, kai court case mei yeh question pucha gaya hai ki galti se bhi contract ko cancel kiya ja sakta hai?
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Kya hua re? Sir/Mam, you're right. Article 116 of the Contract Act '65 says mistake in contract can be ground for avoidance, but only if it was material and not due to mistake of law. Agar mistake was on both sides or was known to one party and not disclosed, contract still stands. Jhooth bolna chahiye na, sir.
"Mistake in Contract: A Valid Ground for Avoidance" - totally agree. A basic tenet of law is that a contract must be made with a clear mind. If a party is under duress, undue influence, or, more relevant here, mistake, then it's only fair that they're not bound by an unjust contract. Common mistake, unilateral mistake, it doesn't matter - a mistake is a valid ground for avoidance.