Chapter II - Of Contracts, Voidable Contracts and Void Agreements
Section 22
Section 22: Contract caused by mistake of one party as to matter of fact
A mistake of fact made by just one party does not, by itself, make a contract voidable.
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Need advice on Section 22?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
Introduction
Section 22 says a contract is not voidable merely because one party made a mistake about a fact.
The word “merely” matters: a separate ground under another provision would need its own legal analysis.
Key takeaways
One-sided mistake
A unilateral factual mistake alone does not make the contract voidable under this section.
Other grounds
The provision does not decide a distinct fraud, misrepresentation or other statutory claim.
Apply the rule
Identify exactly what one party misunderstood.
Check whether the other party shared that mistake, and whether any separate legal ground is alleged.
Illustration
If a purchaser alone misreads an item specification, that mistake by itself does not make the contract voidable under Section 22.
Practical checklist
Do
- Identify which party was mistaken and about what fact.
- Assess any separate statutory claim on its own terms.
Avoid
- Do not claim voidability merely because one party misunderstood a fact.
Frequently asked questions
Does every mistake permit cancellation?
No. Section 22 rejects voidability merely from one party’s factual mistake.
How is this different from Section 20?
Section 20 concerns both parties sharing a mistake about an essential fact.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026