a contract of the party on
whom such fraud was practised, or to whom such
misrepresentation was made, does not render a contract
voidable ... a bar to setting aside a
contract but may be material as evidence of acquiescence that is,
of tacit election to affirm the contract (Armstrong
contract, void contract, illegal contract, etc. Void contract and voiadable contract are quite commonly miscontrued, but they are different. Void contract, implied a contract which ... void and voidable contract:
Void Contract
Voidable Contract
The type of contract which cannot be enforceable is known as void contract.
The contract in which
Consequences of rescission of a
voidable contract.- When a person at
whose option a contract is voidable
rescinds it, the other party thereto need ... therein contained
in which he is the promiser. The party
rescinding a voidable contract shall, if he
had received any benefit thereunder from
another party
with English authorities,
that a false representation, made to a person who knows it
to be false, is not such a fraud as to take ... a contract of the party on whom such fraud was
practised, or to whom such misrepresentation was made,
does not reader a contract voidable.‖
REJOINDER
agreement is caused by coercion, fraud or
misrepresentation, the agreement is a contract voidable at the
option of the party whose consent was so caused ... a contract of the party on whom such fraud was
practised, or to whom such misrepresentation was made, does not
render a contract voidable
having been caused by misrepresentation, is
not a contract, specific performance whereof can be obtained; (e) a
CS(COMM) Nos.1314/2016 & 45/2017 ... contract itself provides
for extension of time, the same cannot be the essence of the contract
and default does not make the contract voidable
Indian Contract Act, when the consent to an agreement is caused
by undue influence, the agreement is a contract voidable at the option ... whom holds a real
or apparent authority over the other. Such contracts, which affect a
large number of persons or a group of persons
Contract Act, 1872 which provides, inter alia, that when a party to a contract
promises to do a certain thing at or before a specified ... Contract Act would apply which is to the effect that if, in case of a contract voidable
on account of the promisor's failure
option of the
other or others, is a voidable contract".
"65. Obligation of person who has
received advantage under void
agreement, or contract ... a contract contains an arbitration
agreement, it is a collateral term relating to
the resolution of dispute, unrelated to the
performance of the contract
a pre-contract misrepresentation, which is the
basis of the plaintiff's suit. Such misrepresentation
makes the contract voidable at the option ... turned
out to be misrepresentation, under the Indian Law,
such a contract is voidable at the instance of the
plaintiff and the remedy
