Examveda

Relief of rescission is granted in cases:

A. Where the contract is void

B. Where the contract is voidable

C. Both void & voidable contracts

D. Neither void nor voidable contracts

Answer: Option B

Solution (By Examveda Team)

Relief of rescission refers to the cancellation of a contract, restoring the parties to the positions they held before the agreement.

According to the Specific Relief Act, rescission is typically granted in cases where a contract is voidable at the option of one of the parties due to reasons like misrepresentation, fraud, undue influence, or coercion.

Voidable contracts are valid and enforceable unless rescinded by the aggrieved party. Rescission gives that party a legal way to cancel the contract.

Void contracts are those that are invalid from the beginning and do not need rescission, as they have no legal effect.

Therefore, relief of rescission is granted specifically in the case of voidable contracts.

This Question Belongs to Law >> Specific Relief Act

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Comments (2)

  1. Ankit Prajapati
    Ankit Prajapati:
    4 months ago

    Wrong answer

  2. Ankit Prajapati
    Ankit Prajapati:
    4 months ago

    Wring answer

Related Questions on Specific Relief Act

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A. In a contract, where plaintiff has been given an unfair advantage over the defendant

B. In a case where the contract is not enforceable at the instance of the other party

C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff