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Indian Contract Act, 1872

Section 21

Effect of mistakes as to law

Quick Answer Reference: Section 21 Contract Act

  • Provision: Section 21 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 21 of Contract Act say?

This section states that a contract is not voidable merely because it was entered into under a mistake as to the law. According to Section 21 of the Indian Contract Act, 1872, 'A contract is not voidable merely because it was entered into under a mistake as to the law.' The section emphasizes that ignorance of law is no excuse and parties to a contract are presumed to know the law. However, if the mistake as to the law has a bearing on the fact and the contract would not have been entered into but for the mistake, the contract may be voidable under Section 20 of the Act, which deals with mistakes as to facts. Judicial pronouncements have clarified that this section applies to mistakes of Indian law and not foreign law. In Ramchandra Rao v. Ramchandra Rao, the court held that a mistake of law regarding the capacity of a party to contract does not render the contract voidable.

Indian StandardSection 21, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 21 (India)
Court Pleading StandardSection 21 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/21

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 21 Contract Act

What is Section 21 of Contract Act?

Section 21 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Effect of mistakes as to law". The section states: This section states that a contract is not voidable merely because it was entered into under a mistake as to the law. According to Section 21 of the Indian Contract Act, 1872, 'A c...

Landmark Case Laws

Landmark Judgments under Section 21 Contract Act

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 21

Related Concepts