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Voidable contracts are valid and enforceable unless rescinded by the aggrieved party.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)
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A. Section 35
B. Section 36
C. Section 37
D. None of the above
Which of the following statements is wrong? Perpetual injunction
A. Is granted by a decree
B. Can be granted without notice to and hearing the defendant
C. Can never be granted without notice to and hearing the defendant
D. Can be granted on merits only
Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
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
Wrong answer
Wring answer