Under section 65 of the Indian Contract Act, 1872, what must a person do with an advantage received…
Section 65 requires a person who received an advantage under an agreement discovered to be void to restore it or compensate the person who conferred it. Section 64 deals…
Choose your answer
Under section 65 of the Indian Contract Act, 1872, what must a person do with an advantage received under an agreement that is later discovered to be void?
Answer and explanation
Correct answer A
Section 65 requires a person who received an advantage under an agreement discovered to be void to restore it or compensate the person who conferred it.
Section 64 deals separately with rescission of a voidable contract.
Option feedback
Option A
Section 65 requires restoration of the advantage or compensation to the person who conferred it.
Option B
An honest initial belief in validity does not remove the section 65 duty once the agreement is discovered to be void.
Option C
Section 65 addresses benefits already received. It does not make the void agreement enforceable.
Option D
Proof of fraud is not a condition of the restitution duty in section 65.
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