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Showing contexts for: misrepresentation defined in Anshupati Fibres Pvt. Ltd. vs National Insurance Co. on 14 January, 2015Matching Fragments
6. Section 14 of the Contract Act which defines Free Consent reads as under:-
14. Free consent defined.Consent is said to be free when it is not caused by (1) coercion, as defined in section (2) undue influence, as defined in section 16, or (3) fraud, as defined in section 17, (4) misrepresentation, as defined in section 18, (5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.
It would thus be seen that a consent is a free consent unless it is obtained by use of coercion, undue influence, fraud or misrepresentation or its given on account of a mistake, subject to the provisions contained in Section 20 to 22 of the said Act. Coercion is defined in Section 15, undue influence is defined in Section 16, fraud is defined in Section 17 and misrepresentation is defined in Section 18 of the Act. The aforesaid Sections read as under:-
15. "Coercion" defined.- "Coercion" is the committing, or threating to commit, any act forbidden by the Indian Penal Code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
18.
"Misrepresentation" defined.-"Misrepresentation" means and includes -
(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or anyone claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him;