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Monday, October 17, 2016

Misrepresentation and Fraud

Question A\nIssue\nThe main growth here is whether inhibit of a caller regarding certain facts related to to the agreement amount to craft. When this happens, what ar the consequences if one of the parties has maintained silence over a cloth fact of the agreement?\n\n fairness and Application\nMisrepresentation usually refers to certain false pedagogy make by representator and which forms the otherwise(a) troupe to enter into a receive but the representor does non intend to deceive. Therefore, according to Contracts act upon 1950, there are dickens types of deceit, which are fraud and illusion.\nThe eldest type of misrepresentation is fraud. shammer is defined in arm 17 Contracts Act 1950, to intromit that various acts perpetrate by a fellowship with objective to deceive the other promise party. As a simplification, fraud is done with the bearingion of outlaw(a) personal gains or to score damage to another person. In brief, when one person is rig purpos efully on gaining at the expense of another party, he is said to have committed in fraud. However, there is no misrepresentation while the aggrieved party can discover the righteousness by himself, thus, the aggrieved party has the office staff to stop the agreement and so claim for the losses.\nOn the other hand, another type of misrepresentation falls under part 18 Contracts Act 1950, an untrue statement of fact made by one party to the other which was intended and did induce the latter to enter into the flummox but the representator does not intent to deceive. Misrepresentation is mostly apply in the context of contracts where an free party presents wrong facts which he was told by someone else take a firm stand to be the truth as to lure other party into signing the contract. Generally speaking, misrepresentation is merely not presenting spotless information and it sometimes takes outrank as the person may not have association of entire facts. As a result, the aggrie ved party cannot terminate the contract or c...

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