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Law · Q13

Specific Relief Act

Graduate and Post Graduate · Law · question 13

Q13

Rescission of contracts may be allowed if:

A.
Where the contract is voidable at the instance of the plaintiff
Answer
B.
When the contract is void
C.
Where the third party acquire the interest in the contract in good faith
D.
All of the above

Answer: Option A

Solution

Answer: Option A
Solution:
Rescission of contracts refers to the cancellation of a contract, returning the parties to the positions they were in before the contract was made.

Rescission may be allowed if:

Where the contract is voidable at the instance of the plaintiff: This means that if the contract can be voided by the plaintiff, rescission can be sought. This typically happens in cases of misrepresentation, fraud, undue influence, or mistake.

Option B: When the contract is void, rescission is generally not required because a void contract is already considered legally unenforceable.

Option C: If a third party acquires an interest in the contract in good faith, rescission may not be allowed to protect the third party's rights.

Therefore, the correct answer is Option A: Where the contract is voidable at the instance of the plaintiff.