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A agrees to sell his horse to B. But unknown to both the parties, the horse had already died at the time of making of the contract. The contracts is
Void
Valid
Voidable
Illegal
- Option 1: Void
- A contract is void when it lacks a key element, making it unenforceable from the beginning.
- In this case, the subject matter of the contract, the horse, was non-existent at the time of the agreement.
- Thus, the contract was void due to impossibility of performance.
- Correct Answer
- Option 2: Valid
- A contract is valid when all essential elements are present.
- Here, due to the horse being dead, a key element (the subject matter) is missing, making it invalid from the start.
- Option 3: Voidable
- A contract is voidable when it is initially valid but can be annulled by one party due to certain circumstances.
- This scenario lacks a viable contract from the outset, so it cannot be voidable.
- Option 4: Illegal
- A contract is illegal if the subject matter is unlawful or the contract itself is forbidden by law.
- There is no legal infringement here, just a lack of a valid subject.
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