Section 27 of SRA : Section 27: When Rescission May Be Adjudged Or Refused

Explanation using Example

Imagine that Rita signs a contract with Dave to purchase a piece of art. After the agreement, Rita discovers that Dave had misrepresented the authenticity of the artwork, which is a ground for the contract being voidable at her option.

Rita can approach the court to have the contract rescinded under Section 27(1)(a) of The Specific Relief Act, 1963, because the contract is voidable due to Dave's misrepresentation.

However, if Rita had continued to deal with the artwork, exhibiting it as part of her collection, thereby implying that she accepted the art despite the misrepresentation, the court may refuse to rescind the contract under Section 27(2)(a), as her actions could be seen as an implied ratification of the contract.