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
caused inter alia by misrepresentation; (d) the
Settlement Agreement having been caused by misrepresentation, is
not a contract, specific performance whereof can be obtained ... dated 4th May, 2010".
48. Section 18 of the Contract Act defines "misrepresentation" as
meaning and including (i) positive assertion of that
having been got executed and registered from him by misrepresentation. Per
Section 19 of the Contract ... when consent to an agreement is
caused by fraud or misrepresentation, the contract is voidable at the option of
the party whose consent
Contract Act, 1872 (Contract Act ) and the consent to an agreement caused by
undue influence makes the same voidable under Section 19A of the Contract ... contract. It
was accordingly held that the contract could not be said to have become void
on account of having been induced by misrepresentation that
Sections 142 &
143 of the Contract Act laying down that any guarantee obtained by
means of misrepresentation is invalid. The award also refers ... extent of
suggesting that the contracts of guarantee were obtained by the
petitioners by misrepresentation. There does not appear to be any
basis whatsoever
existence any contract between the parties or that
the contract if held to have come into existence was caused by innocent
misrepresentation of the defendant
voidable under the provisions of the
Indian Contract Act, 1872 .
18. Section 19 of the Indian Contract Act, 1872 provides that where
consent ... parties competent to
contract, lawful consideration and a lawful object are the essential
ingredients of a legally enforceable contract. Section 11 provides that every
person
Sections 142 &
143 of the Contract Act laying down that any guarantee obtained by
means of misrepresentation is invalid. The award also refers ... extent of
suggesting that the contracts of guarantee were obtained by the
petitioners by misrepresentation. There does not appear to be any
basis whatsoever
agreement is caused by coercion, fraud, misrepresentation
or by undue influence, the agreement is a contract voidable at the option
of the party whose consent ... supra) of the Contract Act making documents, consent whereto is caused
by coercion, fraud or misrepresentation or by undue influence voidable at the
option
take advantage of the forfeiture clause
in the contract.
18. In my view, the contract between the plaintiff on the one hand and the
defendant ... from the plaintiff
was void under Section 23 of the Contract Act as the contract was opposed
to public policy against allowing commercial transactions
