Under section 26 of the Specific Relief Act, 1963, what may the court rectify when fraud or mutual mistake causes a written contract to depart from the parties' actual common intention?
Question and options
Under section 26 of the Specific Relief Act, 1963, what may the court rectify when fraud or mutual mistake causes a written contract to depart from the parties' actual common intention?
The written expression of the agreement the parties actually made
The bargain itself, by replacing the parties' actual intention with a different one
A matter the parties never agreed on but later discover they overlooked
A draft the parties never adopted as an agreement or operative instrument
Answer and explanation
Section 26 addresses a writing that fails to express the parties' real intention because of fraud or mutual mistake. Rectification corrects how the existing bargain was recorded.
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