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Where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, it is:
Question

Where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, it is:

A.

voidable

B.

void

C.

illegal

D.

None of the above

Correct option is B


Under Section 20 of the Indian Contract Act, if both parties are mistaken about a fundamental fact, the agreement is void.
Information Booster:
Mutual mistakes regarding essential facts render the contract void, meaning it has no legal effect from the beginning.
Additional Information:
· Option (a): Voidable contracts can be enforced at the option of one party, which isn’t the case here.
· Option (c): Mistaken contracts aren’t illegal but are void.

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