.According to section 18 of the Indian Contract Act, 1872 , misrepresentation means a misstatement or an inaccurate statement pertaining to any material fact in the contract.
There are different types of misrepresentation, in the case at hand the core issue is fraudulent misrepresentation: Lord Herschell defined fraudulent misrepresentation in Derry v Peek as a statement which is made either:
i) knowing it to be false, ii) without belief in its truth, or iii) recklessly, careless as to whether it be true or false
Misrepresentation may also arise from suppression of vital facts, as evident in the present case. Cases of concealment or suppression will fall either under sub-section (2) when it amounts to a breach of duty or under sub-section
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On examining the sale deed regarding property in Punjabi Bagh, New Delhi, we find that the sale deed was executed on 22.10.1964, thus it is clear that on the day appellant had sworn the affidavit, he already possessed plot at Punjabi Bagh, New Delhi and had provided no evidence to establish that he was a Benamidar/ostensible owner of the plot in Punjabi Bagh or that he had transferred ownership of the said plot in favor of his son before the execution of the perpetual sub-lease …show more content…
According to section 19 of The Indian Contract Act, 1872—When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Section 14 of the India Contract Act, 1872 says a Contract is voidable if one of the parties in the contract is induced by coercion, fraud misinterpretation, or a mistake.
Where there has been a fraudulent misrepresentation, the innocent party is entitled to rescind the contract and claim damages as observed in the cases of Doyle v Olby and Smith New Court Securities v Scrimgeour Vickers
The party affected by the factors that make the contract voidable has the option either to avoid the contract or, alternatively, to affirm it. If the contract is affirm, it becomes enforceable both parties and if it is avoided, it becomes void to both parties; this option can only be exercised once. The effect of this rescission, is that the contract is now set aside and the parties get restored to their original
Deception is the intentional use of false representations by an individual through words or conduct; in order to dishonestly obtain an unfair advantage for self or another by inducing the victim to transfer a benefit or inflict a detriment upon the victim. The intention to deceive is the supportive fault element.
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
A legal discussion of the contractual breaches and their related legal elements will be examined in this section. Some of the legal issues surrounding the contractual breaches include, the legal implications of the Uniform Commercial Code (U.C.C.), the defendant’s engagement in and outputs contract while under a requirements contract with my company, the doctrine of estoppel, and the issues of good faith and fair dealing. The definitions and some of the legal implications of the implied and requirements contracts were discussed in the preceding sections. An implied contract is defined as a “contract that is established by the conduct of a party rather than by the party’s written or spoken words” (Kubasek, Brennan, & Browne, 2015,
Rescission- If a party ends a contract due to false representation the reccsiion applies from the time the contract was formed (ab initio), this means that the contract was never recognised by the law. If restitution isn’t available the innocent party will be bound to the contract. “If any of the following have occurred, the recision will not be possible:
There are several types of false statement. One of them is a deliberate lie, which goes under the Tort of Deceit. Another one is negligent misstatement, which is basically the statement made carelessly or without reasonable background and is included into the Law of Tort.
In the United States, the negative implications of misrepresentations of
Lerner discusses "deliberately making untrue statements." This is the worst form of deception and the most unacceptable. When telling this type of lie, you are not fibbing or distorting the truth, you are blatantly giving false information. You are blatantly lying. Lerner uses the Anita Hill case as an example and how, Hill and Mr. Clarence Thomas told two completely different stories under oath. Therefore, one of them was deliberately making untrue statements. This form of lie is completely unacceptable.
Indian contract act and tender act T S RAMASWAMY IYER 10TH EDITION GOGIA AND COMPANY PUBLICATION
7. Totten, Michael. “The Misinformation Effect in the Interviewing of Witnesses.” Legal Source. 2 April
“…The general principle of law, of course, is that a party who signs a written contract is bound by the terms of the contract, except in the limited cases where fraud, undue influence, or misrepresentation may be established. This rule is so strict that even if a party to a contract has not read the contents of a contract, he is held to be bound by its terms…”
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
In this field there really are matters of life and death, which could be affected by deceit. Passive deception is mainly a problem because there is currently no way to determine whether the omission is an innocent or deceitful one. Furthermore, the determinants of deception which I presented have a great many flaws. These include the question of importance, which varies from person to person, and the question of what percentage of likelihood is substantial enough to require information to be given. Without the proper ways of classifying passive deception it will continue to pose problems in the healthcare field, in daily interactions, and in the other sectors of
According to Amy Dru Stanley, who is a professor at The University of Chicago, stated that “A contract is in principle, a purely voluntary obligation undertaken in the expectation of gaining a reciprocal benefit – and equivalent of some sort or (. . .) in the language of the law, consideration”. (Stanley, 2014). There are many contract types that that exist primarily to determine whether a promise will be enforced by the courts. Theese contract types include, unilateral and bilateral contracts as well as formal and in the case of this discussion, simple contracts. Essentially, a valid simple contract is subject to three qualities; intention, agreement and consideration, without these three significant requirements, the contract can be annulled
There are four main categories of misrepresentation. They are: fraudulent misrepresentation, negligent misrepresentation at common law, representation under the Misrepresentation Act 1967 and finally, innocent misrepresentation.