Test: The Indian Contract Act, 1872- 2 - CA Foundation MCQ

Generally, the following damages are not recoverable:
Ordinary damages:
- Ordinary damages refer to the normal and foreseeable damages that arise directly from the breach of contract.
- These damages are typically recoverable.
Special damages:
- Special damages are those that do not arise directly from the breach of contract, but result from special circumstances that were communicated to the breaching party.
- These damages are typically recoverable if they were reasonably foreseeable by both parties at the time of contract formation.
Remote damages:
- Remote damages are those that are unforeseeable or too far removed from the breach of contract.
- These damages are generally not recoverable because they are considered too speculative or not within the reasonable contemplation of the parties.
Nominal damages:
- Nominal damages are a small monetary award granted to a party who has suffered a breach of contract but has not suffered any actual financial loss.
- These damages are typically recoverable as a symbolic recognition of the breach.
Answer:
- The damages that are generally not recoverable are remote damages (C).

Contingent Contract
A contingent contract is a type of contract that is dependent on the happening or non-happening of a future uncertain event. It means that the contract will only be enforced if a certain event occurs or does not occur. Here are the key points to understand about a contingent contract:
1. Definition: A contingent contract is a contract in which the performance or fulfillment of the contract is contingent upon the occurrence or non-occurrence of a specific event in the future.
2. Uncertain Event: The event on which the contract depends must be uncertain. This means that it should not be possible to predict with certainty whether the event will occur or not.
3. Enforceability: A contingent contract is enforceable if the uncertain event happens or does not happen. If the event does not occur, the contract becomes void.
4. Example: An example of a contingent contract is an insurance policy. The insurance company agrees to pay the insured a certain amount of money if a specific event, such as an accident or theft, occurs. If the event does not happen, the insurance policy becomes void.
5. Legal Validity: Contingent contracts are generally considered valid and legally binding, provided that they meet other requirements for a valid contract, such as mutual consent, consideration, and lawful object.
In conclusion, a contract that is dependent on the happening or non-happening of a future uncertain event is known as a contingent contract. It is enforceable if the event occurs or does not occur, and it is a valid and legally binding contract as long as it meets the requirements of a valid contract.

Explanation:
A contingent contract is a type of contract in which the performance or fulfillment of certain terms and conditions is dependent on the occurrence of a specific event. Here's a detailed explanation:
Definition:
- A contingent contract is a contract in which the parties involved agree to perform certain actions or obligations if a specific event occurs or fails to occur in the future.
Characteristics of a contingent contract:
- The performance of the contract is dependent on the occurrence or non-occurrence of a specific event.
- The event on which the contract is contingent must be uncertain.
- The contract may become enforceable or void depending on the happening or non-happening of the event.
- The rights and obligations of the parties are not fixed until the occurrence or non-occurrence of the event.
Options:
A: Void - A contingent contract is not void as it is a valid contract, subject to certain conditions.
B: Voidable - A contingent contract is not voidable as the parties are bound by the contract as long as the specified event occurs or fails to occur.
C: Valid - A contingent contract is valid as long as the contract is not against the law and the specified event is uncertain.
D: Illegal - A contingent contract is not illegal unless it is against the law or public policy.
Conclusion:
Based on the characteristics and definition of a contingent contract, the correct answer is C: Valid.

Contingent Contracts and Enforcement:
A contingent contract is a contract in which the performance of one or both parties depends on the occurrence or non-occurrence of an uncertain future event. In such contracts, the enforceability of the contract depends on the happening or non-happening of the event.
Enforceability of a Contingent Contract:
A contingent contract can be enforced when the event specified in the contract actually happens. In other words, the contract becomes enforceable when the future uncertain event on which it is contingent actually takes place.
Examples:
To better understand the concept, let's consider a few examples:
1. A contract between two parties where Party A agrees to pay Party B a certain amount of money if it rains tomorrow. In this case:
- If it rains tomorrow, the contract becomes enforceable, and Party A is obligated to pay Party B the agreed amount.
- If it does not rain tomorrow, the contract is not enforceable, and Party A is not obligated to pay Party B.
2. A contract between an employer and an employee where the employee will receive a bonus if the company achieves a certain sales target. In this case:
- If the sales target is met, the contract becomes enforceable, and the employee is entitled to receive the bonus.
- If the sales target is not met, the contract is not enforceable, and the employee is not entitled to receive the bonus.
Conclusion:
In summary, a contingent contract dependent on the happening of a future uncertain event can be enforced when the event actually happens. If the event does not occur, the contract is not enforceable. Therefore, option A is the correct answer.

Contingent Contract:
- A contingent contract is a contract that depends on the occurrence of a specific event.
- The performance of the contract is conditional upon the happening or non-happening of the event.
The Scenario:
- A agrees to pay Rs. One lakh to B if he brings on earth a star from the sky.
- This is a contingent contract as it is dependent on the event of bringing a star from the sky.
Analysis of the Options:
A: Illegal
- This option is incorrect as the contract is not illegal, it is simply contingent upon a specific event.
B: Valid
- This option is incorrect as the contract is not valid. It is a contingent contract, but the performance of the contract is impossible.
C: Voidable
- This option is incorrect as the contract is not voidable. It is simply contingent upon a specific event.
D: Void
- This option is correct.
- The contract is void because the performance of bringing a star from the sky is impossible.
- It is not a valid contract as it involves an act that is beyond the control of the parties involved.
Conclusion:
The correct answer is D. The contract is void because it involves an impossible act, which is bringing a star from the sky.

Statement Analysis:
The statement is asking which of the following statements is true. Let's analyze each option:
A: an agreement enforceable by law is a contract
B: an agreement is an accepted proposal
C: both (a) and (b)
D: none of these

The correct answer is C, both (a) and (b).
Explanation:
To understand why option C is the correct answer, let's break down the statements:
A: an agreement enforceable by law is a contract
- This statement is true because a contract is a legally binding agreement between two or more parties.
B: an agreement is an accepted proposal
- This statement is also true because an agreement typically requires an offer and acceptance. When a proposal is accepted by the other party, it becomes an agreement.
Therefore, both statements A and B are true, making option C the correct answer.
In summary, an agreement enforceable by law is a contract, and an agreement is an accepted proposal.

Voidable Contract

A voidable contract is a type of contract that is valid and enforceable but may be avoided or canceled by one or both parties involved. The contract remains in force until it is voided or canceled by the aggrieved party.

Characteristics of a Voidable Contract

• A voidable contract is initially valid and enforceable when it is entered into.


• It can be avoided or canceled by one or both parties involved.


• The contract remains in force until it is voided or canceled by the aggrieved party.

Option of the Aggrieved Party

The key characteristic of a voidable contract is that it can be enforced at the option of the aggrieved party. This means that the party who has been harmed or disadvantaged by the contract has the choice to either enforce the contract or void it.

Examples

• A contract entered into under duress or undue influence may be voidable at the option of the party who was coerced.


• A contract entered into by a minor may be voidable at the option of the minor.


• A contract entered into with a person who lacks mental capacity may be voidable at the option of that person or their legal representative.

Overall, a voidable contract provides a means for the aggrieved party to seek relief from a contract that was entered into under certain conditions that make it unfair or disadvantageous. The party can choose to either enforce the contract or void it based on their circumstances and legal rights.

Explanation:


When an offeree accepts an offer, it results in the formation of a contract. The acceptance of an offer is a crucial step in the contract formation process. Let's break down the options to understand the implications of accepting an offer:
A: Only the acceptor becomes bound by accepting the offer.
- This statement is incorrect because in a contract, both parties become bound by accepting the offer. It is not just the acceptor who becomes bound.
B: Only the offeror becomes bound as his terms are accepted.
- This statement is also incorrect. While the offeror's terms are accepted by the offeree, both parties become bound by the contract.
C: Both the acceptor and offeree become bound by the contract.
- This statement is correct. When the offeree accepts the offer, the contract is formed, and both the acceptor (offeree) and the offeror become bound by the terms of the contract.
D: None of these.
- This statement is incorrect, as we have determined that option C is the correct answer.
In conclusion, when an offer is accepted by an offeree, both the acceptor (offeree) and the offeror become bound by the contract.

The communication of offer is complete on the 27th December, 1998. Here's a detailed explanation:
1. Offer made by A: A sends a letter on the 25th December, 1998, offering to sell his house to B for Rs. 10 lakhs.
2. Receipt of offer by B: The letter reaches B on the 27th December, 1998. This is when B becomes aware of the offer.
3. Acceptance by B: B posts his acceptance on the 28th December, 1998. This is when B expresses his willingness to buy the house.
4. Receipt of acceptance by A: The acceptance letter reaches A on the 30th December, 1998. This is when A becomes aware of B's acceptance.
5. Completion of communication: The communication of offer is considered complete when the acceptance is communicated back to the offeror. In this case, since B's acceptance was posted on the 28th December, 1998, the communication of offer is complete on that date.
Therefore, the correct answer is option B: 28th December, 1998.

To determine the date on which the communication of acceptance is complete against B, we need to understand the concept of communication of acceptance.
Communication of acceptance is complete when it comes to the knowledge of the person to whom the acceptance is given. In this case, the acceptance is given to both A and B.
Let's break down the timeline of events:
1. Communication of acceptance is complete against A on 28th December, 1998.
2. Communication of acceptance is complete against B.
Based on the given information, we can conclude that the communication of acceptance against B is complete after the communication of acceptance against A. Therefore, it must be on a date later than 28th December, 1998.
The options given are:
A: 25th December, 1998
B: 27th December, 1998
C: 28th December, 1998
D: 30th December, 1998
From the options, we can see that the only date later than 28th December, 1998 is 30th December, 1998. Therefore, the communication of acceptance against B is complete on 30th December, 1998.
Thus, the correct answer is option D: 30th December, 1998.

Explanation:

In contract law, consideration refers to something of value that is exchanged between parties to a contract. It is a fundamental principle that in order for a contract to be valid and enforceable, there must be consideration. Consideration can be in the form of money, goods, services, or even a promise to do or not to do something. Without consideration, an agreement is generally considered to be invalid or unenforceable. Therefore, the correct answer is option A: void.

Reasoning:

Consider the following points to understand why an agreement made without consideration is void:

• Consideration is an essential element of a valid contract. It shows that each party has given something of value in exchange for the promises made by the other party.


• If one party is not receiving any consideration, it implies that there is no binding obligation on the other party to fulfill their promises.


• An agreement without consideration lacks mutuality and fails to demonstrate a meeting of minds between the parties.


• In the absence of consideration, there is no legal basis to enforce the agreement.


• Void agreements are considered to have no legal effect from the beginning, as if they never existed.

Hence, an agreement made without consideration is generally considered to be void.

The agreement is considered to be voidable when A agrees to sell his car worth Rs. 100,000 to B for Rs. 20,000 only, and A's consent was obtained by coercion. Let's break down the explanation:
Coercion:
Coercion refers to the act of compelling someone to do something against their will by using force or threats. In this case, A's consent to sell his car for a significantly lower price than its worth was obtained through coercion.
Effect of Coercion:
When consent is obtained through coercion, it affects the validity of the agreement. The law provides protection to individuals who have been coerced into entering into an agreement.
Voidable Agreement:
A voidable agreement is one that is initially valid, but due to certain circumstances, one party has the option to either enforce or rescind the agreement. In this case, A has the right to avoid the agreement because his consent was obtained by coercion.
Therefore, the correct answer is C: voidable. A has the option to either enforce the agreement or rescind it due to the coercion involved in obtaining his consent.

Explanation:

When analyzing the given options, we need to understand the concepts of free consent, consideration, and adequacy of consideration in the context of contract law.

Free Consent:

• Free consent refers to the agreement made by parties without any coercion, undue influence, fraud, misrepresentation, or mistake.

Consideration:

• Consideration is something of value given by each party to a contract that induces them to enter into the agreement.


• It can be in the form of money, goods, services, or even a promise to do or refrain from doing something.

Adequacy of Consideration:

• Adequacy of consideration refers to whether the value exchanged between the parties is fair and reasonable.


• Generally, the law does not concern itself with the adequacy of consideration as long as it is legally sufficient.

Analysis of Options:

• Option A: Void



In contract law, a void agreement is one that is not enforceable by law and has no legal effect. However, the given scenario does not indicate any reason for the agreement to be void.



• Option B: Valid



A valid agreement is one that meets all the essential elements of a contract, including free consent, lawful consideration, capacity to contract, etc. In the given scenario, although the consideration is inadequate, there is no indication of any lack of free consent. Therefore, the agreement can still be considered valid.



• Option C: Voidable



A voidable agreement is one that is initially valid but can be canceled or avoided by one of the parties due to certain legal grounds, such as fraud, misrepresentation, or undue influence. However, the given scenario does not provide any indication of such grounds for the agreement to be voidable.



• Option D: Unlawful



An unlawful agreement is one that violates the law or goes against public policy. The given scenario states that the consideration is lawful, so it cannot be categorized as an unlawful agreement.

Conclusion:

Based on the analysis of the options, the correct answer is Option B: Valid. Even though the consideration is inadequate, the agreement can still be considered valid as long as there is free consent and lawful consideration.

Persons not competent to contract:

1. Minors: Minors, who are individuals under the age of majority (usually 18 years old), are not considered competent to contract. They lack the legal capacity to enter into binding contracts.


2. Persons of unsound mind: Individuals who are mentally incapacitated or have a mental illness that prevents them from understanding the terms and consequences of a contract are not competent to contract. This includes people with severe cognitive impairments or those suffering from temporary mental illnesses.


3. Persons disqualified by law: Certain individuals may be disqualified by law from entering into contracts due to specific circumstances or legal restrictions. For example, individuals who have been declared bankrupt or convicted of certain crimes may be disqualified from entering into certain types of contracts.

Answer: Option D, which states that "all of these" (minors, persons of unsound mind, and persons disqualified by law) are not competent to contract, is correct.

Answer:

Minors and Contracts:

When it comes to entering into a contract, there are certain legal requirements that need to be met. One of these requirements is the capacity to enter into a contract, which means that the person must have the legal ability to understand and be bound by the terms of the contract. In most jurisdictions, minors are considered to have limited capacity to enter into contracts.

Definition of a Minor:

In this particular question, we are asked to determine the age at which a person is considered a minor for contract purposes. The answer is provided as:

B: 18 years

Explanation:

Here is a detailed explanation of why the correct answer is 18 years:

• Definition of a Minor: A minor is an individual who has not reached the age of majority, which is the legal age at which a person is considered an adult. The age of majority can vary between jurisdictions, but it is commonly set at 18 years.


• Limited Capacity: Minors are considered to have limited capacity to enter into contracts because they are deemed to lack the necessary maturity and understanding to fully comprehend the consequences of their actions.


• Contractual Rights and Obligations: In most cases, contracts entered into by minors are voidable, meaning that the minor can choose to either enforce or disaffirm the contract. This gives them the ability to protect themselves from potentially unfavorable agreements.


• Exceptions: There are some exceptions to the general rule that contracts with minors are voidable. For example, contracts for necessaries, such as food, clothing, and shelter, are typically enforceable against minors.

Therefore, the correct answer is 18 years.

Explanation:
To determine whether a contract with a minor is beneficial for the minor, we need to understand the legal principles regarding contracts with minors.
1. Void ab initio:
- A contract that is void ab initio is considered as if it never existed from the beginning.
- This means that neither party is bound by the terms of the contract.
- If a contract with a minor is void ab initio, it implies that the contract is not valid and has no legal effect.
- This option can be eliminated as it does not indicate whether the contract is beneficial for the minor.
2. Voidable:
- A contract with a minor is generally considered voidable, meaning that the minor can choose to enforce or disaffirm the contract.
- The minor has the option to either fulfill their obligations under the contract or void it.
- If the contract is beneficial for the minor, they may choose to enforce it.
- This option can also be eliminated as it does not indicate whether the contract is beneficial for the minor.
3. Valid:
- A contract with a minor can be valid if it is for necessary goods, services, or education.
- If the contract provides a benefit to the minor, it may be considered valid and enforceable.
- This option indicates that the contract is beneficial for the minor and can be the correct answer.
4. Illegal:
- This option can be eliminated as it does not provide any information about the benefits or validity of the contract.
Therefore, the correct answer is C: valid as it indicates that the contract with the minor is beneficial for him.

Persons of Unsound Mind:
To determine which of the following persons do not fall under the category of persons of unsound mind, let's examine each option individually:
A: Idiot
- An idiot refers to a person with severe intellectual disabilities or a very low IQ.
- Idiocy is considered a form of mental impairment, thus falling under the category of persons of unsound mind.
B: Lunatics
- The term "lunatic" is outdated and offensive, but it historically referred to people with mental illnesses or disorders.
- Mental illnesses are a form of mental impairment, so lunatics would fall under the category of persons of unsound mind.
C: Drunken Persons
- Being under the influence of alcohol does not necessarily mean a person is of unsound mind.
- While alcohol can impair judgment and decision-making temporarily, it does not indicate a permanent mental impairment.
- Therefore, drunken persons may not be considered as persons of unsound mind.
D: Alien
- The term "alien" typically refers to a person from another country or with non-citizen status.
- Being an alien does not imply a mental impairment, so aliens would not fall under the category of persons of unsound mind.
Conclusion:
Based on the analysis above, the person who does not fall under the category of persons of unsound mind is D: Alien.

Elements that affect the free consent of the parties:
- Coercion: When one party is forced to enter into a contract under the threat of physical harm or other illegal actions.
- Fraud: When one party intentionally misrepresents facts or conceals information to deceive the other party and induce them to enter into a contract.
- Incompetency: When one party lacks the legal capacity to understand the terms and consequences of a contract, such as minors or individuals with mental disabilities.
- Undue Influence: When one party takes advantage of a position of power or trust to manipulate or control the decision-making of the other party.
Element that does not affect the free consent of the parties:
- Incompetency: This element does not affect the free consent of the parties because if a person lacks the legal capacity to understand the terms and consequences of a contract, their consent is not considered free. It is important to ensure that both parties have the ability to understand and consent to the terms of the contract for it to be legally binding.

Explanation:
The correct answer is option B: voidable.
Coercion, undue influence, fraud, and misrepresentation are all factors that can impact the consent of a party in a contract. When the consent of a party is obtained through any of these means, the contract is considered voidable, meaning that the party whose consent was impacted has the option to either enforce the contract or to void it.
Here is a breakdown of the different terms and their meanings:
1. Coercion: Coercion refers to the use of force or threats to obtain the consent of a party. If a contract is entered into due to coercion, the party who was coerced has the right to avoid the contract.
2. Undue influence: Undue influence occurs when one party takes advantage of a position of power or authority over the other party to influence their consent. If a contract is entered into due to undue influence, the party who was influenced can choose to void the contract.
3. Fraud: Fraud involves the deliberate misrepresentation of facts or the intentional concealment of information to deceive the other party. If a contract is entered into based on fraud, the party who was deceived can choose to avoid the contract.
4. Misrepresentation: Misrepresentation occurs when one party makes a false statement or omits important information that leads the other party to enter into the contract. If a contract is entered into based on misrepresentation, the party who was misled has the option to void the contract.
In summary, when the consent of a party is obtained through coercion, undue influence, fraud, or misrepresentation, the contract is considered voidable, meaning that the affected party can choose to enforce or void the contract.

Coercion:
- Coercion refers to the act of forcing someone to do something against their will by using threats or intimidation.
- In this case, A is threatening to kill B if he does not agree to sell his scooter to him for Rs. 1000 only.
- B's consent is obtained through coercion as he is compelled to sell his scooter out of fear for his life.
Explanation:
- Coercion is a type of unlawful pressure that can invalidate the consent of a person.
- In this scenario, A's threat to kill B if he does not agree to sell the scooter for a significantly lower price is an act of coercion.
- B, being under the fear of losing his life, is forced to agree to A's demand.
- The consent obtained through coercion is not valid as it is not given willingly and freely.
Conclusion:
- In this case, B's consent is obtained by coercion as A threatens to kill him if he does not agree to sell his scooter for Rs. 1000 only.
- Therefore, option C: coercion is the correct answer.

Explanation:
To answer this question, we need to understand the concept of coercion and its effect on the validity of an agreement. Coercion refers to the act of forcing someone to do something against their will by using threats or physical force. When the consent to an agreement is obtained through coercion, the agreement becomes voidable, which means that the party whose consent was coerced has the option to either affirm or reject the agreement.
The correct answer to the question is "B: a party whose consent was so obtained." Here's why:
- Voidable Agreement: When consent is obtained by coercion, the agreement is considered voidable. This means that the coerced party has the right to either continue with the agreement or reject it.
- Option to Reject: The party whose consent was obtained through coercion has the option to avoid the agreement. They can choose to reject the agreement and not be bound by its terms.
- Protecting the Coerced Party: By giving the coerced party the option to void the agreement, the law aims to protect individuals from being forced into unfair or unfavorable agreements against their will.
- Consent Obtained by Coercion: In this scenario, it is important to note that the consent obtained through coercion is not valid. Coerced consent is not freely given and therefore does not meet the requirements for a valid agreement.
In summary, when the consent to an agreement is obtained by coercion, the agreement becomes voidable at the option of the party whose consent was coerced. They have the right to either affirm or reject the agreement based on their own free will.

Undue Influence:
- Undue influence occurs when one party has the ability to dominate the will of another and uses their superior position to obtain the consent of the weaker party.
- It is a situation where the consent is obtained through unfair or improper means.
Options:
A. Coercion:
- Coercion refers to the act of forcing someone to do something against their will through threats or force.
- While coercion involves exerting pressure on someone, it may not necessarily involve a position of dominance.
B. Undue Influence:
- Undue influence is the correct answer as it aligns with the given scenario where one party dominates the will of another to obtain consent.
- It implies the use of superior position or influence to improperly obtain consent from a weaker party.
C. Fraud:
- Fraud involves intentional deception or misrepresentation for personal gain or to cause harm to another party.
- While fraud can be a form of undue influence, it typically involves deception rather than a position of dominance.
D. Misrepresentation:
- Misrepresentation refers to providing false information or presenting facts in a misleading way.
- While misrepresentation can be a tactic used in undue influence, it does not necessarily involve the dominant position of one party over another.
Conclusion:
The correct answer is B. Undue influence, as it accurately describes the situation where one party dominates the will of another to obtain consent.

Which of the following acts does not fall under the categories of fraud?

A: Intentional false statement of facts

B: Active concealment of facts

C: Innocent false statement

D: Promise made without intention to perform

Answer:

The act that does not fall under the category of fraud is option C: Innocent false statement.

Explanation:

Fraud refers to the intentional deception or misrepresentation of facts done with the purpose of gaining an unfair advantage or causing harm to others. In the given options:

• Option A: Intentional false statement of facts - This act involves knowingly making false statements in order to deceive others.


• Option B: Active concealment of facts - This act involves intentionally hiding or withholding important information to deceive others.


• Option C: Innocent false statement - This act refers to making false statements without the intention to deceive or harm others. It may be a result of misinformation or misunderstanding.


• Option D: Promise made without intention to perform - This act involves making promises or commitments without any intention of fulfilling them, which can be considered fraudulent.

Therefore, the act that does not fall under the category of fraud is option C: Innocent false statement.

The answer is C: voidable.
Explanation:
When the consent of a party is obtained by misrepresentation, the contract is considered voidable. This means that the innocent party has the option to either affirm the contract or reject it and seek remedies. Here's a detailed explanation:
1. Misrepresentation: Misrepresentation occurs when one party makes a false statement of fact or conceals material information with the intention to deceive the other party.
2. Valid Contract: A valid contract is one that is enforceable by law. It requires the free and genuine consent of all parties involved.
3. Void Contract: A void contract is one that is not enforceable by law, and it is considered as if it never existed. It lacks one or more essential elements required for a valid contract.
4. Voidable Contract: A voidable contract is one that is initially valid, but due to some defect, it can be rejected or voided by the innocent party. The party who was misled by misrepresentation has the option to affirm or reject the contract.
5. Consent Obtained by Misrepresentation: When a party's consent is obtained through misrepresentation, it means that the other party has used false information or concealed material facts to deceive them.
6. Option for the Innocent Party: In such a case, the innocent party has the option to either affirm the contract or reject it. They can choose to continue with the contract if they wish, or they can reject it and seek remedies for the misrepresentation.
Therefore, when the consent of a party is obtained by misrepresentation, the contract is considered voidable, giving the innocent party the right to decide whether to continue with the contract or seek remedies for the misrepresentation.

False Statement:
The false statement is D: A party who affirms the contract can also change his option afterwards if he so decides.
Explanation:
To understand why statement D is false, let's break down each statement and analyze them:
A: A contract is not voidable if fraud or misrepresentation does not induce the other party to enter into a contract.
- This statement is true. For a contract to be voidable due to fraud or misrepresentation, it must have induced the party to enter into the contract.
B: A party cannot complain of fraudulent silence or misrepresentation if he had the means of discovering the truth with ordinary means.
- This statement is true. If a party had the means to discover the truth through ordinary means but failed to do so, they cannot later complain of fraudulent silence or misrepresentation.
C: In case of fraud or misrepresentation, the aggrieved party can either rescind or affirm the contract.
- This statement is true. When fraud or misrepresentation occurs, the aggrieved party has the option to either rescind (cancel) the contract or affirm it (continue with the contract).
D: A party who affirms the contract can also change his option afterwards if he so decides.
- This statement is false. Once a party affirms the contract after discovering fraud or misrepresentation, they cannot change their option afterwards. Affirming the contract means they have chosen to continue with it despite the fraudulent act.
In conclusion, the false statement is D: A party who affirms the contract can also change his option afterwards if he so decides.

Answer:
When the consent of both parties is given by mistake, the contract is void. Here is a detailed explanation:
1. Mistake:
- Mistake refers to an erroneous belief or understanding about a particular fact or situation.
- In the context of contracts, a mistake can occur when one or both parties have misunderstood or misinterpreted some aspect of the contract.
2. Consent:
- Consent refers to the voluntary agreement of both parties to enter into a contract.
- For a contract to be valid, the consent of both parties must be free and genuine.
3. Mistaken Consent:
- When both parties give their consent based on a mistaken belief or understanding, it means that their consent is not free and genuine.
- The mistake can be related to a fact or a law, and it must be mutual (i.e., both parties are mistaken).
4. Void Contract:
- A void contract is a contract that is considered to have no legal effect from the beginning.
- When the consent of both parties is given by mistake, the contract is void because the essential element of free and genuine consent is missing.
5. Examples:
- For example, if Party A and Party B enter into a contract for the sale of a car, but both parties mistakenly believe that the car is in perfect working condition when it is actually faulty, the contract would be void due to the mutual mistake.
In conclusion, when the consent of both parties is given by mistake, the contract is considered void because the essential element of free and genuine consent is not present.

The essential ingredients of Section 20 of the Indian Contract Act, 1872 are as follows: 

(1) when both the parties make a mistake

(2) the mistake must be a mistake of fact

(3) the fact on which the parties are mistaken must be essential to the agreement.

But Section 22 relates to a situation where one of the parties is under a mistake of fact. The law states that in such a situation the contract will not become void ab initio and continue to be enforced like a valid contract.

Mistake of law can result in defeat of free consent as required for a valid contract. Mistake of law can be of foreign law. Section 21 of the Indian Contract Act, 1872 states that a contract is not voidable if it has been induced by a mistake of law in force in India at the time of entering into the contract. But if it is a mistake of law not in force in India or foreign law, it is to be treated in the manner of mistake of fact. This is based on the maxim ignorantia juris neminem excusat or ignorance of law is no excuse.

The correct answer is Option 1: void. A contract made by mistake about some foreign law is considered to be void, as it is not legally binding. This means that no legal action can be taken to enforce it and any rights or obligations under it cannot be enforced.

Explanation:
The correct answer is A:

mistake of fact

.
Here's a detailed explanation:
1. Mistake of fact: A mistake of fact occurs when a person misunderstands or misinterprets a fact. In this case, the mistake is regarding a law that is not in force in India. It means that the person is mistaken about the existence or applicability of a particular law.
2. Mistake of Indian law: A mistake of Indian law refers to a situation where a person misunderstands or misinterprets the law that is in force in India. However, in this scenario, the law in question is not in force, so it cannot be considered a mistake of Indian law.
3. Fraud: Fraud involves intentional deception or misrepresentation for personal gain. It is different from a mistake, which is an unintentional error. Therefore, fraud is not applicable in this scenario.
4. Misrepresentation: Misrepresentation refers to a false statement or representation made by one party to another, leading to a contract or agreement. It is also not relevant in this case, as there is no indication of any false statement or representation being made.
In conclusion, a mistake as to a law not in force in India is considered a mistake of fact, as the person is mistaken about the existence or applicability of the law.