CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law
Sunil enters a contract with Anita believing wrongly that a statute disqualifying persons of his category from contracting had been repealed, though it is in force in India. Under the official text, what is the effect of Sunil's mistake of law?
The contract is not voidable merely because of the mistake, since a mistake as to a law in force in India does not make a contract voidable. Only a mistake as to a law not in force in India is treated like a mistake of fact.
- AThe contract is not voidable merely because it was caused by a mistake as to a law in force in IndiaCorrect
- BThe contract is voidable at Sunil's option because of the mistake
- CThe contract is void because the party lacked sound mind
- DThe contract becomes contingent until the statute is repealed
Explanation
A contract is not voidable because it was caused by a mistake as to any law in force in India. Disqualification by law under Section 11 is not cured by his belief, and the mistake gives him no right to avoid. Treating it as a mistake of fact applies only to a law not in force in India.
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