Mistake in contract
SANDEEP GONDALE
(Querist) 25 June 2015
This query is : Resolved
Dear All,
Following are the Facts of My query:
I have executed an Agreement with a Contractor to complete a specific Task/work within 2 year. And from the Date of Completion to provide 06 months (Mistake in Contract) post completion services.
During the Course of negotiation, as recorded in Minutes of Meeting, Contractor agreed to provide 01 years post completion services, but due to mistake/error unfortunately 06 months recorded in the executed contract.
The Contract also says that “Agreement supersedes all communication, negotiations and Agreement (whether written or oral) of the parties with respect thereto made prior to the date of Agreement”
Please suggest any way out in this case as the Contractor is now denying his responsibility with a plea that 06 months recorded in executed Agreement between us.
More Specifically I am concern with the status of the Contract in view of Section-20 (Agreement void where both parties are under mistake as to matter of fact) of Indian Contract Act .
Guest
(Expert) 25 June 2015
Corrigendum in agreement can be possible only with mutual consent of the company and the contractor. No other solution.
By the way on what acount do you treat the agreement as void?
SANDEEP GONDALE
(Querist) 25 June 2015
Beause, I am saying that "06 months" mentioned in Agreement is a typo/human error which should be 01 year.
Guest
(Expert) 25 June 2015
Your reply is strange. If you think mere mention of period of "06 months" in Agreement as a typo/human error makes the agreement as void, you are mistaken. When both the parties to the agreement have signed the afreement on 06 months, where is the question of agreement to be void?
Being a legal professional, as an ASST Manager Legal & Statutory Compliances, can you say, under which provision of contract act the agreement can be treated as void?
Rajendra K Goyal
(Expert) 26 June 2015
If the contractor is not agreeing for one year period, the validity of 6 months would prevail being agreed in written legally. If both parties agree corrigendum of the agreement can be executed.
Guest
(Expert) 26 June 2015
Mere saying does not make the agreement as void.
P. Venu
(Expert) 27 June 2015
Section 20 is of no application as the period of mentioned does not relate not to the period of construction, but to the period of service thereafter.
