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

Reply Follow

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.