What is the meaning of Agreement void where both parties are under mistake as to matter of fact? Section 20 of Indian Contract Act 1872
20. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Explanation.-An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact.
(a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the facts. The agreement is void.
(b) A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void.
(c) A, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the agreement, but both parties were ignorant of the fact. The agreement is void.
Section 2 - Interpretation clause
CHAPTER I THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
Section 3 - Communication, acceptance and revocation of proposals
Section 4 - Communication when complete
Section 5 - Revocation of proposals and acceptances
Section 6 - Revocation how made
Section 7 - Acceptance must be absolute
Section 8 - Acceptance by performing conditions, or receiving consideration
Section 9 - Promises, express and implied
CHAPTER II CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
Section 10 - What agreements are contracts
Section 11 - Who are competent to contract
Section 12 - What is a sound mind for the purposes of contracting
Section 14 - Free consent defined
Section 16 - Undue influence defined
Section 18 - Misrepresentation defined
Section 19 - Voidability of agreements without free consent
Section 19A - Power to set aside contract induced by undue influence
Section 20 - Agreement void where both parties are under mistake as to matter of fact