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Q1: Define fraud. Distinguish between fraud and falsehood. Ans: gibe to section 10; free assume is an essential indispensable of a wring. Section 14 defines free acquiesce as follows: Consent is state to be free when it is not caused by: 1) Coercion 2) Undue influence 3) Fraud 4) Misrepresentation 5) splay Consent is said to be so caused when it would not possess been given but for the existence of such coercion, unjustified influence, fraud, deception or mistake. When go for is caused by any of these preceding(prenominal) mentioned factors, the proportionateness is a contract voidable at the preference of the ships friendship whose consent was so caused. For e.g. if a person 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 variate on both the parties. It is a contract which is enforceable at the option of only one of the parties, namel y the party whose consent was not free. FRAUD During negotiations, when one party makes a direction 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 pattern 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 scathe of section 17 of the Act, fraud means and includes any of the ho! bby acts: i. The suggestion of a fact by a person which in man is not true. (Suggestio Falsi) A prime compositors case 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 fantan to run trams by travel or mechanical power. The endorsement to use steam was in fact subject to the benediction of...If you want to incur a full essay, order it on our website: BestEssayCheap.com

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