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Showing contexts for: misrepresentation defined in Democratic Builders vs Union Of India on 29 February, 1996Matching Fragments
""Consent" defined - Two or more persons are said to consent when they agree upon the same thing in the same sense. Section 14 defines free consent as follows :
""Free consent" defined - Consent is said to be free when it is not caused by :
(1) coercion, as defined in Section 15, or (2) undue influence, as defined in Section 16, or (3) fraud, as defined in Section 17, or (4) misrepresentation, as defined in Section 18, or (5) mistake, subject the provisions of Sections 20, 21 and 22.
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent."
By saying that duress was exercised by Union of India the contractor would try to bring his case under sub-section (3) and sub-section (4) of this Section 18. The contractor is trying to bring it under Section 18 of the Contract Act, where misrepresentation is defined. Section 18 reads as follows :
""Misrepresentation" defined - "Misrepresentation" means and includes :