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VIKAS GARG (LAWYER)     23 October 2008

Specific relief act -3

A multiple choice question  is given below with answer  but  it seems wrong to me.


Please comment on it whether it is correct or incorrect and explain, if possible





Please comment on it to help me to understand it  and whether it is correct or incorrect and explain, if possible





Q.  Reief of recission is granted in cases:


                                                             


 (a) where contarct is void


             (b)  where the contract is voidable


                  (c) both void and voidable contracts


                    (d) neither void and voidable contracts




                Answer given in book is (c)  both void and voidable contracts








 


Please guide to me regarding this question


 


 

                                                                                        Thanks                                                                                            


                                            




 


Learning

 2 Replies

Manish Singh (Advocate)     24 October 2008

relief of rescission  means where the court rescinds the contract beacuse of either the agreement was not prcatically enforceable, void in the eyes of law or voidable at the options of the Party.


when an agreement is void that means it is against the provisions of law so rescission can be asked from the court.


even when the agreement is voidable at the option od a party and the said party choose to get out from the agreement making the agrrement void at his option, he can ask the court to rescind the contract.

Ajay kumar singh (Advocate)     24 October 2008

Option (c) appears to be the right answer.

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