CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law
Under Section 21 of the Indian Contract Act, 1872, a mistake as to a law NOT in force in India is treated how?
A mistake as to a law not in force in India has the same effect as a mistake of fact. This contrasts with a mistake about Indian law in force, which does not make the contract voidable, as stated in Section 21.
- AIt has the same effect as a mistake of factCorrect
- BIt never affects a contract in any circumstances
- CIt makes the contract automatically void
- DIt is treated exactly like a mistake as to Indian law in force
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. This is the contrast with a mistake about Indian law in force, which does not make a contract voidable. So the foreign-law mistake follows the fact-mistake rules.
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