Student

Q1: Define fraud. Distinguish between fraud and refutation. Ans: jibe to section 10; free assume is an essential needed of a catch. Section 14 defines free go for as follows: Consent is state to be free when it is not caused by: 1) Coercion 2) Undue influence 3) Fraud 4) Misrepresentation 5) slip ones mind Consent is said to be so caused when it would not energize been given but for the existence of much(prenominal) coercion, unjustified influence, fraud, falsehood or mistake. When take to is caused by any of these preceding(prenominal) mentioned factors, the symmetricalness is a contract voidable at the preference of the ships smart set whose consent was so caused. For e.g. if a soulfulness is generate to sign an agreement by fraud, he whitethorn stay on the contract or reject it. If he confirms it, the contract becomes cover chance variable on both the parties. It is a contract which is enforceable at the option of only o ne of the parties, namely the caller whose consent was not free. FRAUD During negotiations, when one party makes a program line to other party with the innovation of making the other party draw in into the contract, it may be said that such a party has made a representation. Such a representation may be wrong made innocently or with an purpose to deceive the other party.

When such a representation is wrongly made innocently, it is said to be misrepresentation which is further explained below. If such a representation is made with the intention of deceiving the other party, it is said to be a frau. In harm of section 17 of th e Act, fraud means and includes any of the ! sideline acts: i. The suggestion of a fact by a person which in man is not true. (Suggestio Falsi) A prime vitrine is that of the case of Derry v/s Peek. In this case a companys prospectus contained a representation that the company had been authorized by a special act of the parliament to run trams by travel or mechanical power. The potentiality to use steam was in fact subject to the favourable reception of...If you want to incur a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay