Mistake as to a law not in force in India makes the contract ________....
“A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law not in force in India has the same effect as a mistake of fact." ... Ignorantia juris haud excusat i.e, ignorance of law is no excuse.
Mistake as to a law not in force in India makes the contract ________....
Answer:
When a mistake is made as to a law that is not in force in India, it renders the contract void. Let us understand the reasoning behind this answer.
Explanation:
1. Mistake of Law:
A mistake of law occurs when one or both parties to a contract are mistaken about the legal consequences of their actions. In other words, they are not aware of the law or wrongly interpret it. Mistake of law can be classified into two types:
- Mistake as to a law in force
- Mistake as to a law not in force
2. Mistake as to a Law not in Force:
When a mistake is made as to a law that is not in force in India, it means that the law that the parties believed to be applicable does not exist or has not been enacted. In such a situation, the contract is considered to be void.
3. Void Contracts:
A void contract is a contract that is considered to be unenforceable from the beginning. It has no legal effect and cannot be enforced by either party. In other words, it is as if the contract never existed. A void contract does not create any legal rights or obligations between the parties.
4. Effect of Mistake as to a Law not in Force:
When a mistake is made as to a law not in force in India, it is considered a fundamental mistake that goes to the root of the contract. As a result, the contract is void and cannot be enforced by either party. The parties are not bound by the terms of the contract and are free from any legal obligations arising from it.
Conclusion:
In conclusion, when a mistake is made as to a law not in force in India, it renders the contract void. The contract is considered to be unenforceable from the beginning, and the parties are not bound by its terms.