into the contract or the other circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff ... where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance. Explanation
caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. A party ... contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. Illustrations
said to be void; (h) An agreement enforceable by law is a contract; (i) An agreement which is enforceable by law at the option ... option of the other or others, is a voidable contract; (j) A contract which ceases to be enforceable by law becomes void when it ceases
that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing ... time other than that agreed upon.— If, in case of a contract voidable on account of the promisor's failure to perform his promise
Consequences of rescission of a voidable contract.—
When a person at whose option a contract is voidable rescinds it, the other party thereto need ... contained in which he is the promisor. The party rescinding a voidable contract shall, if he had received any benefit thereunder from another party
aside contract induced by undue influence.—
When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option
that
an arbitration agreement would be invalid where
the contract or instrument is voidable at the
option of a party, such as under Section ... that a voidable contract would not be
arbitrable as it affects the validity of the
arbitration agreement, is in our view not the
correct position
Contract Act, 1872
66. Mode of communicating or revoking rescission of voidable contract.—
The rescission of a voidable contract may be communicated or revoked
person in possession under voidable contract.—
When the seller of goods has obtained possession thereof under a contract voidable under section 19 or section
possession under voidable contract.—
When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section
