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Directions: Read the following passage and answer the question.
When parties to a contract are under a 'mistake' regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.
Q. Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. D's land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?
  • a)
    Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.
  • b)
    Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.
  • c)
    Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.
  • d)
    Mr. D was reeling under a mistake as to a matter of law essential to the agreement.
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
Directions: Read the following passage and answer the question.When pa...
In the given situation, both Mr. D and Mr. K were reeling under a mistake of fact regarding the nature of the agreement as both the parties had contemplated it to be a lease deed and not a gift deed. The nature of agreement is essential to the agreement. Therefore, option 1 is correct.
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Directions: Read the following passage and answer the question.When pa...
Understanding the Mistake in the Contract between Mr. D and Mr. K
In the scenario described, both Mr. D and Mr. K entered into an agreement under a significant misunderstanding regarding the nature of the deed they were signing.
Key Points of the Mistake
- Mutual Mistake:
- Both Mr. D and Mr. K were unaware that the document they executed was a gift deed instead of a lease deed. This represents a mutual mistake, where both parties are mistaken about the same fact.
- Matter of Fact:
- The mistake pertains to a matter of fact (the type of deed) that is essential to the agreement. Both parties intended to create a lease agreement, which is fundamentally different from a gift deed.
- Implications of the Mistake:
- Since the mistake involves an essential fact about the agreement (the nature of the deed), the contract is rendered void. The essence of the agreement was lost due to the misunderstanding.
Why Options B, C, and D Are Incorrect
- Option B (Mistake of Law):
- The mistake was not about a legal principle but about the factual nature of the deed, making this option incorrect.
- Option C (Only Mr. D's Mistake):
- This option erroneously suggests that only Mr. D was mistaken. Both parties shared the same misunderstanding, making this option false.
- Option D (Mistake of Law):
- Similar to Option B, this option wrongly categorizes the mistake as a legal one, which is not the case.
Conclusion
Thus, the correct statement is option 'A', as it accurately reflects that both Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.
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Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. A entered into an agreement to sell his bicycle which had been kept unused in his attic for a year, to Mr. B, at an agreed price. However, neither party was aware that at the time of entering into the agreement, the bicycle had already been destroyed by a fire in the attic. In the given situation, which of the following statements is true?

Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Ms. X and Ms. Y entered into a contract of sale of an article which was agreed to be shipped by Ms. X in a ship named The Cruiser and delivered to Ms. Y on an agreed date. Mr. X shipped the said article by a different ship named The Mariner, without informing Ms. Y and the article was delivered to Ms. Y on the agreed date. In the given situation, which of the following statements is true?

Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. J entered into an agreement with Mr. K for the sale of Mr. Js club. At the time of entering into the agreement, while Mr. J believed that he was agreeing to sell his golf club, Mr. K believed that he was agreeing to buy a clubhouse owned by Mr. J. The agreement is void because

Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q. Ms. X and Ms. Y entered into a contract of sale of an article, while reeling under the erroneous belief that the sale of the article, which was the subject-matter of the agreement, was permitted by the law in force in India. In the given situation, which of the following statements is true?Q. Ms. X and Ms. Y entered into a contract of sale of an article, while reeling under the erroneous belief that the sale of the article, which was the subject-matter of the agreement, was permitted by the law in force in India. In the given situation, which of the following statements is true?

Directions: Study the following information carefully and answer the question given beside.Compoundable offences are those offences where, the complainant picks up the thrown gauntlet and enters into a compromise and agrees to have the charges dropped against the accused. However, the cardinal caveat is that such a compromise ought to be visited with "bonafides" and cannot stem ought of illegal benefits to which the complainant is not entitled to. The Code vide Section 320 contemplates compounding of certain offences enumerated in the Indian Penal Code, 1860 ("IPC"). Compounding of offences has legislatively been bifurcated in two broad categories i.e. compounding of offences without the permission of the Court and compounding of offences with the permission of the Court. The offences that dispense with the blessings of the Court or do not require court of law are of comparatively diminished magnitude such as offences under Sections 298,491,500,501 etc. of the IPC. The offences that require the strike of the gavel i.e court of law are offences such as Sections 325,406,420,494 etc. of the IPC. For example Grievous hurt cases require Compounding to be done by Court of Law. Where the accused is made a party to the proceedings of compounding an offence is that where the accused resides outside the jurisdiction of the Court, there is statutorily no requirement for him to incur expenses to come and appear in the compounding proceedings. The common practice of featuring the accused in the memo of parties is a dispensable step which when dispensed with not only would expedite the Court proceedings but would also be in consonance with the intention of the legislature. The effect of compounding of an offence is fundamentally a withdrawal of the charges pressed against the accused. Let us extend this analogy further, all other proceedings such as withdrawal of a suit, withdrawal of a Special Leave Petition, withdrawal of an application, do not contemplate the other party being made part of the withdrawal proceedings and the withdrawal is proceeded with simplicitor. The said practice is not only unnecessary given that the statutory scheme but is also an inconvenience to the accused who in manner of speaking "has paid all his debts". Extracted from Compounding Of Offences: Is The Accused Invited To The "Party" - Crime - India (mondaq.com).Q. Which of the following is an example of an offense that does not require the permission of the Court for compounding?

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Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer?
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Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.When parties to a contract are under a mistake regarding an important fact related to such contract, it may affect the contract in two ways. It may, firstly, defeat the consent altogether that the parties are supposed to have given, that is to say, the consent is unreal. Two or more persons are said to consent when they agree upon the same thing in the same sense. Secondly, the mistake may mislead the parties as to the purpose which they had contemplated. Where the mistake does not defeat consent, but only misleads the parties, i.e. where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, if the mistake is concerning an erroneous opinion regarding value of the subject-matter of the agreement, it is not a mistake as to a matter of fact. Thus, agreement is void when: (1) both the parties to an agreement are mistaken, (2) their mistake is as to a matter of fact, and (3) the fact about which they are mistaken is essential to the agreement. Further, it is pertinent to note that a mistake, in order to invalidate a contract, should be a mistake of fact and not a mistake of law. Furthermore, where only one party to the contract is under mistake of fact, and the other party is not, the contract is not voidable merely for such reason.Q.Mr. D appointed Mr. K to manage the cultivation of his land as he was unable to manage it himself due to his advanced age. Mr. K agreed to manage the cultivation of Mr. Ds land if he granted Mr. K a lease of the said land. Mr. D agreed to the same and signed a deed which was, unknown to both parties, a gift deed of the land and not a lease deed. In the given situation, which of the following statements is true?a)Mr. D and Mr. K were reeling under a mistake as to a matter of fact essential to the agreement.b)Mr. D and Mr. K were reeling under a mistake as to a matter of law essential to the agreement.c)Mr. D was reeling under a mistake as to a matter of fact essential to the agreement.d)Mr. D was reeling under a mistake as to a matter of law essential to the agreement.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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