Section 22 of Indian Contract Act, 1872 - Mistake of One Party as to Matter of Fact
Section 22 deals with a unilateral mistake of fact - a situation in which only one party to a contract is mistaken about a matter of fact. The general rule is that such a mistake, by itself, does not make the contract voidable.
Text of Section 22
A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
Meaning of Section 22
The provision establishes the general rule for a unilateral mistake of fact. If only one contracting party misunderstands a fact, that mistake alone ordinarily does not permit that party to avoid the contract. The word "merely" is important: Section 22 does not prevent relief where some other legal ground affecting consent or formation of the agreement is independently established.
For example, if a buyer independently forms an incorrect belief about a factual matter and the seller has not caused that belief by fraud or misrepresentation, Section 22 generally prevents the buyer from treating the contract as voidable solely because of that unilateral mistake.
Section 22 and related provisions
| Provision | Subject | General effect |
|---|---|---|
| Section 20 | Both parties under mistake as to a matter of fact essential to the agreement | The agreement is void when the statutory requirements are satisfied. |
| Section 21 | Mistake as to law | Deals separately with the legal effect of mistakes of law. |
| Section 22 | Mistake of fact by only one party | The contract is not voidable merely because of that unilateral mistake. |
Difference between bilateral and unilateral mistake
A bilateral or mutual mistake under Section 20 concerns both parties being mistaken about a matter of fact essential to the agreement. Section 22 applies where the mistake is on one side only. This distinction is important because the statutory consequences are different.
Does Section 22 make every unilateral mistake irrelevant?
No. Section 22 says that a contract is not voidable merely because one party is under a mistake of fact. A dispute may still require examination of other provisions of the Contract Act, including the rules concerning consent, free consent, fraud and misrepresentation, depending on the facts.
Under Section 13, parties are said to consent when they agree upon the same thing in the same sense. Section 14 defines free consent, while Sections 17 and 18 deal with fraud and misrepresentation. Therefore, the legal result cannot always be determined simply by labelling a dispute as a unilateral mistake.
Practical example
Suppose A agrees to buy a specified item from B while A alone is mistaken about a factual characteristic of the item. If B has not induced the mistake through fraud or misrepresentation and no other rule affecting formation or consent applies, A cannot ordinarily avoid the contract solely on the ground of A's own factual mistake.
Official text of the Indian Contract Act, 1872
The Indian Contract Act, 1872 is Central Act No. 9 of 1872. For the authoritative statutory text and current legislative material, refer to the official India Code publication.
Official India Code - Indian Contract Act, 1872Frequently asked questions
What does Section 22 of the Indian Contract Act provide?
It provides that a contract is not voidable merely because it was caused by one party being under a mistake as to a matter of fact.
What is a unilateral mistake of fact?
It is a factual mistake affecting only one party to the transaction, rather than both contracting parties.
How is Section 22 different from Section 20?
Section 20 concerns a mistake of fact shared by both parties regarding a matter essential to the agreement. Section 22 concerns a mistake of fact on the part of only one party.
This article explains the statutory provision for general legal information. Application of Section 22 depends on the facts and the other provisions of the Indian Contract Act, 1872.