Misrepresentation, better known as ‘Innocent misrepresentation’ has been defined by Sec. 18 as: “Misrepresentation means and includes-
Misrepresentation
Misrepresentation, better known as ‘Innocent misrepresentation’ has been
defined by Sec. 18 as: “Misrepresentation means and includes-
a. The positive assertion in a manner not warranted by
the information of the person making it, of that which is not true, though he
believes it to be true;
b. Any breach of duty which, without an intent to
deceive, gains an advantage to the person committing it, or any one claiming
under him, by misleading another to his prejudice or to the prejudice of any
one claiming under him;
c. Causing, however innocently, a party to an agreement
to make a mistake as to the substance of the thing which is the subject of the
agreement”.
Effect Of Misrepresentation
“When consent to an agreement is caused by…
misrepresentation, the agreement is a contract voidable at the option of the
party whose consent is so caused.
Tags : Business Environment and Law-Law Of Contract (Indian Contract Act 1872)
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