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Business Environment and Law-Law Of Contract (Indian Contract Act 1872)

Misrepresentation and its Effect-Law Of Contract

   Posted On :  07.05.2018 10:05 pm

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.

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