under:
―64. Consequences of rescission of voidable contract.--When
a person at whose option a contract is voidable rescinds it, the
other party thereto need ... Section 18 supra of the Contract Act , for it to constitute a ground for
making a contract voidable.
23. The field of pre-contract misrepresentation
nothing to prevent a court from finding that duress of goods is a ground upon which the validity of a contract can be impeached ... there has been such a form of duress leading to a contract for consideration. I think that contract is a voidable one which
terms "contract", "void contract" and "voidable contract". An agreement enforceable by law is contract. The contract is an agreement ... Voidable contracts can be divided into two groups. Contracts which are voidable at the inception itself and contracts which are not voidable at the inception
perform at a fixed time, in
contract in which time is essential. - When a party to a
contract promises to do a certain thing ... Consequence of rescission of voidable contract
When a person at whose option a contract is voidable
rescinds it, the other party thereto need to perform
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 contract of the party of whom such
fraud was practised, or to whom such misrepresentation
was made, does not render a contract voidable
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 clear finding whether there was
a misrepresentation on the part of the respondents or not.
Suffice it to observe that a voidable contract confers
a contract of the party on
whom such fraud was practiced, or to whom such
misrepresentation was made, does not render a contract
voidable ... a written
contract only. It covers a case where a person against whom a
written instrument, be it a contract or a deed of sale
Consequences of rescission of voidable contract. When a person at whose option a contract is voidable rescinds it, the other party thereto needs not perform ... keep the fruits of a voidable contract under Section 64 or void
contract under Section 65 of the Contract Act.
19. Consequently, this contention
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
Nuovopignone International Srl vs Cargo Motors Private Limited & Anr. on 30 May, 2023
Author
