CSEET · Business Laws and Management · Elements of Law of Contracts
According to Section 21, a mistake as to a law NOT in force in India has the same effect as:
A mistake as to a law not in force in India has the same effect as a mistake of fact. Section 21 puts foreign law mistakes on the same footing as factual mistakes, unlike mistakes about laws in force in India.
- AA mistake as to any law in force in India
- BA mistake of factCorrect
- CCoercion
- DA contingent event that has become impossible
Explanation
Section 21 states that a mistake as to a law not in force in India has the same effect as a mistake of fact. So Sections 20 and 22 apply to it as they do to facts: a bilateral mistake on an essential matter makes the agreement void, while a unilateral one does not make it voidable.
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