Question

Pick the incorrect statement:

• A. If an agreement is signed by a party without reading it, the agreement will not be void under S. 20 of the Indian Contract Act, 1872.
• B. The defence of nudum pactum ex quo non oritur actio would not be available to the plaintiff when he signs any agreement without reading it.
• C. The defence of nudum pactum ex quo non oritur actio would be available to the plaintiff when he signs any agreement without reading it.
• D. An agreement without consideration is void.

Answer 1

Answer: (C)

The defence of nudum pactum ex quo non oritur actio would be available to the plaintiff when he signs any agreement without reading it.

Answer 2

The defence of ”nudum pactum” (a bare promise) is not available when a party signs an agreement without reading it. In such cases, the agreement is still binding, and the lack of consideration would make it void, but the defence of nudum pactum does not apply.