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CS Professional · Drafting, Pleadings and Appearances · Commercial Contract Management

Anita sues under the Specific Relief Act, 1963 to rescind a voidable contract. After learning the facts, she accepted a further instalment of benefits for months. Which provision lets the court refuse rescission?

The court may refuse rescission where the plaintiff has expressly or impliedly ratified the contract. Knowingly accepting further benefits after discovering the facts amounts to implied ratification under Section 27(2)(a) of the Specific Relief Act.

  1. AWhere the plaintiff has expressly or impliedly ratified the contractCorrect
  2. BWhere the defendant is richer than the plaintiff
  3. CWhere the contract is in writing
  4. DWhere the plaintiff is a company

Explanation

Section 27(2)(a) of the Specific Relief Act allows the court to refuse rescission where the plaintiff has expressly or impliedly ratified the contract. Accepting benefits with knowledge indicates implied ratification.

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