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Showing contexts for: a voidable contract in Sri Sajal Mandal vs The Indian Oil Corporation Ltd. & Ors on 17 September, 2024Matching Fragments
21. Effect of mistakes as to law. - A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law not in force in India has the same effect as a mistake of fact.
22. Contract caused by mistake of one party as to matter of fact. - A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
In dealing with true nature of misrepresentation, it is necessary that misrepresentation must be caused to induce other party to gain an advantage, in the sense that but for the misrepresentation the consent would not have been given.
Section 19 of Indian Contract Act 1872 enumerates the provision of voidability of agreements. Let us consider whether in this case respondent authority actually had any option to declare the agreement be void.
Section 19-- Voidability of agreements without free consent. When consent to an agreement is caused by coercion. 1 fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Explanation.-- A fraud ог misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable.
24. So it is true that the agreement is not voidable if the party whose consent was so caused at the means of discovering the truth with ordinary diligence.
25. The misrepresentation must be made with the intention that it shall be acted by the other party. It has not proved that the petitioner ever had tried to induce the IOCL to enter into the contract. In the present case the respondent authority during the course of pre