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Section 20, Contract Act 1872: Agreement Void Where Both Parties Are Under Mistake...

Section 20 under Chapter II (of contracts, voidable contracts and void agreements) of the Contract Act, 1872 of India - 'Agreement void where both parties are under mistake as to matter of fact', is reproduced hereunder:—

“Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Explanation : An erroneous opinion as to the value of the things which forms the subject-matter of the agreement, is not to be deemed a mistake as to a matter of fact.

Illustrations


(a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the facts. The agreement is void.

(b) A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void.
(c) A, being entitled to an estate of the life of B, agrees to sell it to C. B was dead at the time of the agreement, but both parties were ignorant of the fact. The agreement is void.”

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