A offers to sell B a painting, which A knows is a "copy" of a well-known masterpiece. B thinking that…
Under section 22 of the Indian Contract Act, 1872, a contract is not voidable merely because one party was mistaken about a matter of fact. Only B was mistaken about the…
Choose your answer
A offers to sell B a painting, which A knows is a "copy" of a well-known masterpiece. B thinking that the painting is an "original" one and that A must be unaware of this, accepts A's offer.
Answer and explanation
Correct answer B
Under section 22 of the Indian Contract Act, 1872, a contract is not voidable merely because one party was mistaken about a matter of fact. Only B was mistaken about the painting and A made no representation that it was an original, so "The contract is a valid one, because a unilateral mistake will not make a contract invalid". Under the Explanation to section 17, A's mere silence about facts that might affect B's decision is not fraud, so the contract is neither invalid nor voidable.
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