Page 21 - 01. Indian Contract Act, 1872

also claim damages

4 Where the consent is caused by The fact that the other party had

active fraud, the contract is the means of discovering the truth

avoidable even though the party is a good plea.
defrauded had the means of

discovering the truth

When the consent is obtained by coercion, undue influence, fraud and
misrepresentation, such a contract is voidable at the option of the

party whose consent was so obtained

(V) Mistake

 It refers to miscalculation or judgmental error by both or either of the
parties

Types of Mistakes

Mistake of fact Mistake of law

Unilateral Bilateral Mistake of
mistake Mistake Indian law Mistake of
foremen law

Contract is Contract is neither Contract is VOID
neither void VOID nor and is treated the
nor voidable Mistake as to Mistake as to VOIDABLE same manner as
mistake of fact
subject matter possibility of
performance

Contract is VOID if
some conditions are
fulfilled”

 Unilateral mistake means mistake on part of only one party

21