An agreement caused by mistake of Indian Law is :a)A void agreementb)A voidable agreementc)A valid agreementd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?

Question

Answer

An agreement caused by mistake of Indian law is a valid agreement since ignorance of law is no excuse even though the parties does not know about any fact of the law we cannot discharge the contract

Answer

B) A voidable agreement. It is so becoz if the parties have entered into an agreement by mistake , so in that case one party has the option of making the contract void or valid.

Answer

It is a valid agreement because ignorance of law is no excuse

Answer

Void Agreement Due to Mistake of Indian Law

A void agreement is one that is not enforceable by law and has no legal effect right from the beginning. It is considered as if it never existed. In the context of Indian law, an agreement caused by a mistake of Indian law falls under the category of void agreements.

Explanation:

1. Mistake of Indian Law:
- A mistake of Indian law refers to a situation where the parties to an agreement are mistaken about the legal provisions or the interpretation of Indian law relevant to their agreement.
- This mistake can occur when the parties are unaware of a particular law or misunderstand its implications.

2. Void Agreement:
- A void agreement is a contract that lacks certain essential elements or is prohibited by law, making it unenforceable and void from the beginning.
- Section 20 of the Indian Contract Act, 1872, deals with the concept of void agreements.
- According to this section, an agreement is considered void if it is either opposed to public policy or involves unlawful consideration or object.

3. Mistake of Indian Law as a Reason for Void Agreement:
- In the case of a mistake of Indian law, the agreement is considered void because it is contrary to the legal provisions or interpretation of the law.
- When parties enter into an agreement based on a mistaken understanding or ignorance of the law, the agreement is not enforceable.
- Courts will not enforce such agreements as it goes against the principle of legality and public policy.

4. Examples of Mistake of Indian Law:
- A party enters into an agreement to sell a property without knowing that a law has been enacted that prohibits the sale of such property.
- A party agrees to engage in an activity that is prohibited by a specific law without being aware of the legal restrictions.

5. Consequences of Void Agreement:
- Since a void agreement is considered as if it never existed, the parties have no legal obligations towards each other.
- Any consideration given under a void agreement cannot be recovered, and the parties cannot sue each other for non-performance.
- In case of any disputes arising from a void agreement, the court will not provide any legal remedies or enforce the agreement.

In conclusion, an agreement caused by a mistake of Indian law is considered a void agreement. Such agreements are unenforceable and have no legal effect due to their inconsistency with the legal provisions or interpretation of Indian law.

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