Contract Act define the terms "contract", "void contract" and "voidable contract". An agreement enforceable by law is contract ... void contract is invalid since inception. It is no contract and is still born. Void contracts have to be distinguished from voidable contracts or contracts
words "Whenever one party to a contract has the option of annulling it, the contract is voidable; and when he makes use of that ... between Sri Chand and the plaintiff is not void but voidable. A voidable contract is binding and efficacious until avoided by the party defrauded either
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 ... under Section 19
supra of the Contract Act . The exception thereto provides that the contract is
not voidable thereunder, if the party whose consent
part of Respondent before entering into a
Contract dated 07.03.2013 makes the Contract voidable at
the option of Claimant. Even otherwise as per rule ... Section 19 of the Contract
Act and where an Agreement has been procured by fraud, the contract
is voidable at the instance of the party
voidable. 22. Contract caused by mistake of one party as to matter of fact.—
A contract is not voidable merely because it was caused ... event on which the contract is to take effect.—
When a contract contains reciprocal promises, and one party to the contract prevents the other from
civil commercial matters, including the issue as to
whether the substantive contract was voidable can be resolved through
arbitration.
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4.2 This Court in Uttarakhand ... also. Paragraph 15 reads as follows :
“15. But where the contract or instrument is voidable at the option of a party
(as for example under
which are made voidable under Sections 19 and 19A . Another instance of a voidable contract is to be found in Section 30 of the Guardians ... that voidable contracts should not be restricted to those contracts only which are set out in the Indian Contract Act , but a contract
whose option the contract is viodable, and if he does put an end to the contract, does he rescind a voidable contract ? When ... Whenever one party to a contract has the option of annulling it, the contract is voidable ; and when he makes use of that option
Explanation refers to Indian
Contract Act . The Indian Contract Act provides as to
which contracts are void or voidable. Section 10 of the
Indian Contract ... contract
of the party on whom such fraud was
practised, or to whom such misrepresentation
was made, does not render a contract
voidable
legally sufficient consideration. If the contract is void the consideration would be recoverable in quasi-contract : if it is voidable equity could rescind the contract ... form of duress leading to a contract for consideration. I think that contract is a voidable one which can be avoided and the excess money
