Law of Contract - I

The Specific Relief Act, 1963

Rectification, Rescission And
Cancellation of Contract
(Section 26-33)
PREPARED BY :-
Ms. LOVEPREET KAUR
Assistant Professor Of Law
RGNUL, Punjab
The Specific Relief Act, 1963
The Specific Relief Act, 1963 -
The Specific Relief Act, 1963 -
 RECTIFICATION OF INSTRUMENTS - Sec 26

1. Object of Section 26
2. When an Instrument can be RECTIFIED (Sec 26).
3. Meaning of the word “INSTRUMENT”.
4. Fraud.
5. Mutual Mistake.
6. Real Intention of the parties.
7. Essentials of Rectification
8. Who can seek/or apply for Rectification
9. Burden of proof.
10. Effect of Rectification.
11. Limitations of Rectification of Instruments.
 Rescission of Contract

1. Meaning and origin of the term Rescission.

(“rescissio rescindere”)
2. A party to a contract is entitled to rescind
the contract in the circumstances given in
Section - 39, 53, 55, 64 & 65 of the Act.
3. Compensation in case of rightfully
rescinded contract.
4. Right to Rescind
 Cancellation of Instruments

1. When can Cancellation of an Instrument is

to be done
(a). Cancellation of an Instrument - Meaning
2.Essentials of Cancellation
3. Reliefs
4. Who can seek Cancellation
5. How an instrument can be cancelled
 Cancellation of Instruments

6. Grounds for Cancellation of an Instrument:-

(a) Duress
(b) Fraud
(c) Mental Incapacity
(d) Mistake
(e)Undue Influence
(f) Forgery or Alteration