A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain though neither party was aware of the fact the agreement is______________?
Correct answer: B. Void
- A. Valid
- B. Void
- C. Voidable
- D. Both (a) and (b)
Explanation
Both parties were mistaken about an essential fact, namely the horse's existence, so there was no subject matter for the sale. Under section 20, a bilateral mistake of essential fact makes the agreement void.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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