Chapter II — OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

Section 21Effect of mistakes as to law

Section 21: Effect of mistakes as to law

21. Effect of mistakes as to law

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.

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Illustration

A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitation; the contract is not voidable.

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Amendment notes (3)
  1. . The original words "British India" have successively been amended by the A.O. 1948 and the A.O. 1950 to read as above.
  2. ins . Paragraph 2, ins. by the A.O. 1937, and as amended by the A. O. 1948 was Rep. by the A. O. 1950.
  3. rep . The second Illustration to s. 21 rep. by Act 24 of 1917, s. 3 and the Second Schedule.