Question
Download Solution PDFIn which of the following cases, the agreement in void ab-initio
A. Mistake is caused by fraud or misreperatation
B. Mistake as to the identify of person contracted with
C. Mistake as to the nature and character of a written document
D. Bilateral mistake
E. Unilateral mistake
Choose the most appropriate answer from the options given below:
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDF- Void ab initio agreement :
- A void ab initio agreement is Latin for "void from the beginning." This means that legally, a contract was void as soon as it was created.
- The parties of the contract are not legally related based on what was written in the agreement because the agreement in question was never valid.
- Example: A contract with a minor would be void ab initio, as a minor is an incompetent party to the contract
- Where a Court declares an act to be void ab initio, the parties are returned to their respective places at the ab initio occasion, the agreement basically never occurred and therefore had no obligatory power over any parties to the contract.
- Contracts are void when one or more vitiating factors are present.
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Characteristics of this type of contract include:
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One or more parties has the option to enforce.
- This party must have been subject to undue influence, misrepresentation, coercion, or fraud.
- A party can receive compensation if he or she rightfully revokes the contract.
- The party whose consent is caused has the contract void option.
- Mistake is caused by fraud or misreperatation
- Mistake as to the identify of person contracted with
- Mistake as to the nature and character of a written document
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The correct answeB, A, C only.
r isLast updated on Jun 11, 2025
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