Section 18 in The Indian Contract Act, 1872
18. "Misrepresentation" defined.—
"Misrepresentation" means and includes— (1) the positive assertion, in a manner not warranted
defined in Section
18 of the Contract Act, as follows:
“18.“Misrepresentation” defined.—
“Misrepresentation” means and includes—
(1) the positive assertion, in a manner ... with Section 18(1) of the Contract Act which,
inter alia, defines “misrepresentation”. It provides that
it is misrepresentation if a positive assertion is made
Democratic Builders vs Union Of India on 29 February, 1996
Author: K. Ramamoorthy
Bench: K
categorically held that if the insured has obtained
the insurance policy by
misrepresentation/concealment of material fact,
the insurance contract would be voidable ... Indian Contract Act defines
Misrepresentation as under:
(FA-226/2016) PAGE 9 OF 15
"18. Misrepresentation" defined.--
"Misrepresentation" means and
includes
defined in section
15
(2) undue influence, as defined in
section 16 , or
(3) fraud, as defined in section
17 ,
(4) misrepresentation, as defined ... 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
defined in section 15, or (2) undue influence, as defined in section 16, or (3) fraud, as defined in section 17, or (4) misrepresentation ... such coercion, undue influence, fraud, misrepresentation, or mistake."
Coercion, undue influence, fraud and misrepresentation are defined in Sections 15, 16, 17 and 18 respectively
defined in section 15 , or
(2) undue influence, as defined in section 16 , or
(3) fraud, as defined in section 17 , or
(4) misrepresentation ... unless his silence, is, in itself, equivalent to speech.
Similarly, misrepresentation is defined under Section 18 as under: -
18. "Misrepresentation" defined.--"Misrepresentation
defined in Section 15 , or (2) undue influence, as defined in Section 16 , or (3) fraud, as defined in Section 17 or (4) misrepresentation ... such coercion, undue influence, fraud, misrepresentation, or mistake".
9. Coercion, undue influence, fraud and misrepresentation are defined in Sections
defined in section 15
(2) undue influence, as defined in section 16 , or
(3) fraud, as defined in section 17 ,
(4) misrepresentation, as defined ... defined in Section 15 , 'undue influence' is defined in Section 16 , 'fraud' is defined in Section 17 and 'misrepresentation
contentions of the plaintiff, the
words "coercion, fraud and misrepresentation" as defined
in Indian Contract Act , need to be considered which reads ... Indian Contract Act defines
"misrepresentation" as under:
"18. "Misrepresentation" defined.-
"Misrepresentation" means and includes-
(1) the positive assertion