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Neil Paul   01 March 2021

Contract

A person named Zaid has two houses one in Bangalore and another in Delhi. He makes an offer to sell one his house to Rishabh.
Rishabh has accepted the offer thinking to get the house located in Delhi, while Zaid during making the offer intented to sell the Bangalore house to him.

Which of the doctrine of Indian Contact Act 1872 would imply on such a situation?


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 3 Replies

Mansi Aggarwal   02 March 2021

Section 14 of the Indian Contract Act, 1872 defines consent as when two people agree on the same thing in the same sense. In other words, there is a meeting of the minds. In the above case, there is no consent, as there are two different subject matters in the mind of both parties. 

This is a bilateral mistake of fact, and therefore the contract will be void. 

Hope this helps you. 

 

Kevin Moses Paul   02 March 2021

As per the query, both the person's have various intentions.

Intentions and understanding between both the parties to a contract or agreement plays a very critical role as per the Indian Contract Act (ICA) 1872.

Indian Contract Act states that Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

Section 14 ICA states that a consent is said to be free when it isn't caused by :-

# coercion, as defined in section 15, or

# undue influence, as defined in section 16, or

# fraud, as defined in section 17, or

# misrepresentation, as defined in section 18, or

# mistake, subject to the provisions of sections 20, 21 and 22.

In this case both the parties are confused, which means they're mistaken about the facts of the proposal made.

Thus, such a contract or agreement is not Valid.

Hope It Helps

Regards
Kevin M. Paul

175B083 Mahesh P S   03 March 2021

Hello,

For more input visit:

https://www.lawyersclubindia.com/articles/essentials-of-a-valid-contract-under-indian-contract-act-1872-11990.asp 

https://www.lawyersclubindia.com/articles/essentials-of-a-valid-contract-9250.asp

 

Thank you


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