Mistake as to law: domestic law errors do not void contracts, while non operative law mistakes are treated as facts. A contract is not voidable because it was caused by a mistake as to any law in force in India; however, a mistake as to a law not in force in India has the same effect as a mistake of fact. The provision distinguishes mistakes about operative domestic law from mistakes concerning non operative or foreign law, treating the latter as factual errors.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Mistake as to law: domestic law errors do not void contracts, while non operative law mistakes are treated as facts.
A contract is not voidable because it was caused by a mistake as to any law in force in India; however, a mistake as to a law not in force in India has the same effect as a mistake of fact. The provision distinguishes mistakes about operative domestic law from mistakes concerning non operative or foreign law, treating the latter as factual errors.
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