Study Guides/Commerce/Voidable Contract
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What is a Voidable Contract? Definition and Examples

In Business Law (Class 12 Commerce), one of the most important concepts is understanding the different types of contracts. A Voidable Contract is a contract that is initially valid and enforceable, but one party has the legal right to cancel (rescind) it due to some defect in its formation.

Question (Click to Flip)

What is a voidable contract?

Answer

A voidable contract is a contract that is valid and enforceable, but the aggrieved party (who was cheated or forced) has the legal right to cancel it.

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Key Facts

Definition Source: Indian Contract Act, 1872 โ€” Section 2(i).

Option to Cancel: Only the aggrieved party has the option.

Causes: Coercion, undue influence, fraud, misrepresentation.

Time Limit: The aggrieved party must cancel within a reasonable time.

The Exact Definition

According to the Indian Contract Act, 1872 (Section 2(i)): A Voidable Contract is 'an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others.'

In simple terms: The injured party can choose to either enforce the contract OR cancel it. The choice is theirs.

What makes a Contract Voidable?

A contract becomes voidable when it was formed under:

  1. Coercion (Section 15): One party was forced to sign under threat of violence or imprisonment.
  2. Undue Influence (Section 16): One party dominates the will of another (like a doctor convincing a weak patient).
  3. Fraud (Section 17): One party deceived the other with false facts.
  4. Misrepresentation (Section 18): False statements made honestly but incorrectly.
  5. Mistake of fact by one party.

Voidable vs Void Contract

AspectVoid ContractVoidable Contract
EnforceabilityNot enforceable at allEnforceable until cancelled
Who can Cancel?No one (already void)The aggrieved party
ExampleAgreement to do an illegal actContract made under fraud

Questions and Answers

What is a voidable contract?+

A voidable contract is a contract that is valid and enforceable, but the aggrieved party (who was cheated or forced) has the legal right to cancel it.

What is the difference between a void contract and a voidable contract?+

A void contract has no legal effect from the beginning (like an illegal agreement). A voidable contract is valid but can be cancelled by the aggrieved party at their option.

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