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Law · Q72

Specific Relief Act

Graduate and Post Graduate · Law · question 72

Q72

Relief of rescission is granted in cases:

A.
Where the contract is void
B.
Where the contract is voidable
Answer
C.
Both void & voidable contracts
D.
Neither void nor voidable contracts

Answer: Option B

Solution

Answer: Option B
Solution:
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Voidable contracts are valid and enforceable unless rescinded by the aggrieved party.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.