So, a mistake would generally be an exception to free consent in a contract. Whereas “free consent’’ would be where the said consent is not influenced by any factor or caused by coercion, undue influence, fraud, misrepresentation, a mistake. Consent is defined in the Act as where two people agree upon the same thing. The concept of mistake is mentioned in Chapter II of the Indian Contract Act, which deals with voidable contracts and voidable agreements. There are various reasons and scenarios where such “mistake” would arise.’ If no, the parties have been mistaken about the aspect of the contract. Both the parties to a contract need to be on the same page for it to be legitimate. The process of contract involves offer, acceptance, consideration but more importantly with the meeting of minds. With Contract law as general law and foundation, specialized laws have developed over time in India. As a common law system, the principles were laid down by the British Courts. Refining it, British India got its Indian Contract Act, 1872. British India, in order to facilitate the same, borrowed the contract law of Britain and improved upon it. With the development of trade and commerce, Contract law was the first Business law to emerge. The act proves efficient if one wants to seek remedy for an unjust contract. In the penal code mistake is criminal defense. There are similar provisions of this mistaken part of the Indian Contract Act, 1872 in the Indian Penal Code, 1860. Here cases of mistake would be based on law, facts, etc. There are various reasons and scenarios where such a “mistake” would arise. With this as a foundation, specialized laws have developed over time in India. Refining the contract law of Britain, British India got its Indian Contract Act, 1872. Contract law was the first Business law to emerge as trade and commerce developed.
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