Rough Draft

SUBMITTED BY-
AANCHAL

ROLL NO: 1602

B.B.A. L.L.B

2nd Semester

BATCH- 2016-2021

SUBMITTED TO-
MRS. SUSHMITA SINGH

TOPIC- VOIDABLE CONTRACTS

Introduction

A voidable contract, unlike a void contract, is a valid contract. At most, one party to the
contract is bound. The unbound party may repudiate the contract, at which time the contract
is void.
As per Section 2(i), " An agreement which is enforceable by law at the option of one or more
parties but not at the option of the other or others is a Voidable Contract."
As per section 15-19 "A contract becomes voidable when the consent of one or more of the
parties to a contract is obtained by coercion, undue influence, misrepresentation or fraud."
An agreement which is enforceable by law at the option of one or more parties but not at the
option of the other or others is a voidable contract.
Those which possesses all the essential requisites of a valid contract but one of the parties is
incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue
influence or fraud. A contract is voidable because of the defective or vitiated consent.
Damage is not required in order to make a contract voidable. Another instance of a voidable
contract is a contract where consent to it is given in a state of drunkenness or under hypnotic
spell

Aims and Objectives

The aim of researcher is to:
1. Read ad analyze cases related to the topic.
2. To gain knowledge about the topic.
3. Give the detailed information related to the cases of voidable contracts.

Hypothesis
The researcher believes that, The question of whether a contract, conveyance, or other legal
act is void or voidable can sometimes be dispositive of an entire case; In the rare case where
the precise meanings of these words are pressed into service in the courtroom, litigants are
often surprised to find the court announce that a transaction formerly (and unequivocally)
declared to be void is, in fact, merely voidable or unenforceable.2 The scope of the problem
is as widespread as it is trifled; though the distinction between void and voidable is
sometimes the most important issue in contract disputes, very little serious, scholarly
attention has been paid to the nature of the distinction

Research Questions
1. What is the difference between void and voidable contract?
2. Why the void contracts can’t be enforced?
3. Why contracts become voidable?

Tentative Chapterization

 Introduction to the topic.

 Void and voidable Contract Distinguished
 Coercion
 Misrepresentation
 Fraud
 Capacity to Contract
 Analysis of different Case Laws.
 Conclusion

Bibliography

 Dr. R.K. Bangia, Contract-I (Allahabad Law agency, New delhi, Reprint, 2016)
 Dr. Avatar singh, Law of Contract and Specific Relief ( 6th edition, 2016)