contract voidable at the option of the party whose consent was so caused. A party to contract, whose consent was caused by fraud or misrepresentation ... such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. Illustrations (a) A, intending to deceive B, falsely
Contract Act , for it to constitute a ground for
making a contract voidable.
23. The field of pre-contract misrepresentation having been covered by
Section ... having provided for the remedy for pre-
contract representation, no claim for damages for pre-contract
misrepresentation can be maintained under the law of tort
having provided for the
remedy for pre contract representation, no claim
for damages for pre-contract misrepresentation
can be maintained under the law of tort ... there is a
distinction between innocent misrepresentation
and willful misrepresentation or fraud: as a
general rule, innocent misrepresentation never
gives a cause of action
Contract Act.
According to Section 19 of the Contract Act when consent to an
agreement is caused by misrepresentation, the agreement is a contract
voidable ... stand by the contract once exercised would have the effect of
ratification of the contract with the knowledge of misrepresentation on the
part
Claimant was entitled to avoid the
contract as the consent to the contract was obtained
by a misrepresentation.
25. Sh. Dave submitted that the Arbitral ... Under S.19, Contract Act, the rights given to a
party who has entered into a contract under fraud or
misrepresentation, are to avoid
tender contracts themselves show clearly that the contracts were lump sum contracts. The respondent however, admits that tender contracts include the schedules of rates ... consideration:
(1) Whether the suit contracts ceased to b lump sum contracts and were converted into rate contracts simply because the deductions on account
various High Courts in India is that a contract of insurance is contract uberrimae fidei and there must be utmost good faith on the part ... contract voidable."
The perusal of explanation attached to Section 19 above clearly goes to show that in order to avoid a contract misrepresentation
defined under Section 18 of the Contract Act.
Section 18 of the Contract Act defines "misrepresentation" to mean
Signature Not Verified
Digitally Signed ... Contract Act states that all agreements are
contracts if they are made with the free consent of parties competent
to contract, for a lawful consideration
whether this representation is tantamount to
misrepresentation or innocent misrepresentation and whether such representation
initiated the contract.
It is the policy of the company ... Indian Contract Act 1872 defines misrepresentation in the
following words:
"18. "Misrepresentation" defined.-- "Misrepresentation"
means and includes--
(1) the positive
contract, would not preclude the arbitral tribunal from
determining the said issue in the first instance, even though the alleged
illegality would render the contract ... invalid eg for illegality, misrepresentation
or bribery and the arbitration agreement is merely part of the contract. … ”
3.12 In the Appeal filed in the Fiona
