It was found that there was a unilateral error by the applicants regarding the identity of the other party cancelling the contract and that, therefore, the title of the goods was not transferred to Blenkarn and therefore could not have been transferred to Cundy, which could return the goods to Lindsay and Co. If both parties have an error in the quantity of the object, the agreement is considered invalid. 20. Agreement annulled if both parties are in fact wrong, if both parties to the agreement are invalid an error in relation to an issue essential to the agreement, the agreement, the agreement, the agreement. In the case of Tapline Vs Jainee (1880), the buyer brought to an auction a property described in reference to a plan. The buyer assumed that he was well aware of the property and therefore did not refer to the plan. He later discovered that a garden lot that he considered to be part of the property was not included in the plan. It was decided that the purchaser could not revoke the contract because of his unilateral error and that he was bound by the contract. The validity of a contract is compromised by the acceptance of an error made by the parties. As discussed, an error can be of two types: errors of facts and errors of the law.
If the approval of a contract is obtained on the basis of a bilateral error of fact, the contract is declared inconclusive, but if the error is due to a unilateral error of fact, the agreement is valid, except in the event of an error regarding the nature of the contract or the identity of the contracting parties. Similarly, if approval of a contract is obtained on the basis of an error in Indian law, it is a valid contract, but if a foreign law is due by both parties, the contract is considered inconclusive. 1) The error must be made by both parties, i.e. it must be reciprocal 2)The error must be with respect to a fact. 3) It must relate to an essential circumstance for the contract. Section 21 of the Act states that a contract cannot be characterized as null and forth simply because one of the contracting parties has erred in a contract law case. Therefore, a unilateral error does not affect the validity of the treaty and cannot constitute grounds for the cancellation of the contract in court. c) A, since he is entitled to an estate of B`s life, agrees to sell it to C, B had died at the time of the agreement, but both parties were not ignorant. The agreement is not done.
In the event of a unilateral error, the contract can only be avoided if it is shown that the contract was caused by fraud or misrepresentation on the part of one of the parties.