Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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52.

An agreement enforceable by law at the instance of one party & not of other party under section 2(i) is called :

A: A valid contract
B: An illegal contract
C: A void contract
D: A voidable contract.

The answer is: D

Explanation

The correct option is D: A voidable contract.

According to section 2(i) of the Indian Contract Act, 1872, 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.

This means that the aggrieved party has the right to either perform or rescind the contract, while the other party is bound by the contract. A voidable contract may arise due to coercion, undue influence, fraud, misrepresentation, or mistake.

For Example, if A sells his car to B under the threat of violence, then A can either enforce the contract and demand the payment from B, or cancel the contract and return the car to B. B, however, cannot avoid the contract and must either pay A or give back the car.