Voidable Contract Meaning in Urdu: A Comprehensive Guide
A voidable contract is a legal agreement that is valid but can be legally avoided or cancelled by one or both parties. Voidable contracts are different from void contracts, which are fundamentally unenforceable in a court of law. In Urdu, a voidable contract is known as “Qabliyat-e-Tarjeeh” or “قابلیتِ ترجیح”. This article serves as a comprehensive guide to understanding the meaning and legal implications of voidable contracts in Urdu.
What is a Voidable Contract?
A voidable contract is a type of contract that is legally binding, but can be avoided or canceled by one or both parties. A voidable contract is considered valid until the point when it is canceled or avoided. The party who has the right to avoid or cancel the contract is known as the “aggrieved party”. In Urdu, the term “Qabliyat-e-Tarjeeh” is used to describe these types of contracts.
A voidable contract can be avoided or canceled for numerous reasons. These reasons include fraud, duress, undue influence, mistake, or misrepresentation. For instance, if a party enters into a contract under duress, the contract can be avoided at the request of the aggrieved party. In other cases, a contract can be canceled if one party misrepresents the terms of the agreement, leading the other party to enter into it under false pretenses.
Types of Voidable Contracts
There are several types of voidable contracts that exist in Urdu law. These contracts include:
1. Contracts involving undue influence: This type of voidable contract arises when one party misuses their position of power to influence the other party to enter into the agreement.
2. Contracts involving fraud: This type of voidable contract is created when one party intentionally deceives the other party by misrepresenting certain facts or misleading them.
3. Contracts involving misrepresentation: This type of voidable contract arises when one party inadvertently misrepresents material facts about the contract, leading the other party to enter into the agreement under false pretenses.
4. Contracts involving coercion: This type of voidable contract arises when one party uses force or threats to coerce the other party to enter into the agreement.
Legal Implications of Voidable Contracts
Voidable contracts have several legal implications in Urdu law. One of the most significant implications is that the aggrieved party has the right to cancel or avoid the contract if they can prove that the agreement was entered into under duress, fraud, undue influence, mistake, or misrepresentation.
Another significant implication of voidable contracts is that the aggrieved party has the right to sue for damages resulting from any losses incurred as a result of the voidable contract. These damages can include loss of income, loss of reputation, and other financial or emotional damages.
Conclusion
In conclusion, voidable contracts are a type of legal agreement that is valid but can be avoided or canceled by one or both parties. In Urdu law, these types of contracts are known as “Qabliyat-e-Tarjeeh”. Understanding the legal implications of voidable contracts is essential for anyone entering into a legal agreement in Urdu. By doing so, individuals can protect themselves from any potential fraud, undue influence, mistake, or misrepresentation that may occur during the course of the contract.