All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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24.

When one party rescinds a voidable contract, it must :

A: Perform all its promises contained in the rescinded contract.
B: Return any benefit received under the rescinded contract to the other party.
C: Give a reasonable opportunity to the other party to rectify its mistake.
D: Pay damages to the other party for rescinding the contract.
E: Indemnify the other party for any losses caused by the rescission.

The answer is: B

Explanation

When one party rescinds a voidable contract, the party rescinding the contract typically:

B: Return any benefit received under the rescinded contract to the other party.

Explanation:

Rescinding a contract means canceling or undoing the contract. When one party rescinds a voidable contract, they are essentially revoking the contract as if it never existed. In this process, it is generally expected that any benefits or advantages received under the contract should be returned or restored to the other party, so that both parties are returned to their original positions prior to entering into the contract.

Options A, C, D, and E do not accurately reflect the general principle of returning the benefits or consideration received when a contract is rescinded.