Skip to main content

Indian Contract Act, 1872

Section 41

Explanation I and II to section 40

Quick Answer Reference: Section 41 Contract Act

  • Provision: Section 41 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 41 of Contract Act say?

Section 41 of the Indian Contract Act, 1872, provides explanations to section 40, which pertains to the effect of a contract that is discovered to be void or that becomes void. Explanation I states that where a person signs a written contract without reading it or knowing its contents, their failure to read or know the contents does not make the contract voidable at their option, unless the other party was aware that they did not know its contents and took advantage of their ignorance. Explanation II clarifies that no contract is voidable merely because it was entered into during a time when the person was intoxicated, unless the intoxication was caused against their will.

Indian StandardSection 41, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 41 (India)
Court Pleading StandardSection 41 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/41

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

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

Common Questions about Section 41 Contract Act

What is Section 41 of Contract Act?

Section 41 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Explanation I and II to section 40". The section states: Section 41 of the Indian Contract Act, 1872, provides explanations to section 40, which pertains to the effect of a contract that is discovered to be void or that becomes void. Exp...

Commonly Cited Alongside

Sections commonly cited alongside Section 41

Related Concepts