Section 18 of
the Contract Act, as follows:
"18."Misrepresentation" defined.-- "Misrepresentation"
means and includes-- (1) the positive assertion ... with Section
18(1) of the Contract Act which, inter alia, defines
"misrepresentation". It provides that it is misrepresentation if
a positive assertion
upon the defendant.
Consent, free consent, coercion, undue influence, fraud,
misrepresentation are defined under section 13 to 18
respectively of The Indian Contract ... defined in section 15 , or
(2) undue influence, as defined in
section 16 , or
(3) fraud, as defined in section 17 , or
(4) misrepresentation
signed by the
defendant under misrepresentation of the plaintiff. It is therefore to be
seen whether the misrepresentation as alleged by the defendant falls
within ... Indian Contract Act, 1872. The
same is reproduced below:-
18. "Misrepresentation" defined- "Misrepresentation"
means and includes-
(1) The positive assertion
Chander Wadhwa vs Smt. Chand Rani etc. 13
17. "Fraud" defined "Fraud" means and
includes any of the following acts committed ... omission as the law specially
declares to be fraudulent.
18. "Misrepresentation" defined
"Misrepresentation" means and includes
(1) the positive assertion
Ankur Jain And Ors vs Manoj Jain And Anr on 25 August, 2023
BEFORE THE
Indian Contract Act, 1872 defines fraud
and Section 18 of Indian Contract Act, 1872 defines
misrepresentation. The principle difference between fraud and
misrepresentation is that
defined under Indian Contract Act, 1872 as under.:
" Section 17 in The Indian Contract Act , 1872
17. 'Fraud' defined.--'Fraud ... unless his silence, is, in itself,
equivalent to speech."
Further misrepresentation is defined under Indian
Contract Act as under.:
18. "Misrepresentation" defined
position to dominate the will of the other.
17. 'Fraud' defined: 'Fraud' means and includes any of the
following acts committed ... omission as the law specially declares to
be fraudulent.
18. 'Misrepresentation' defined: "Misrepresentation" means
and includes:
(1) the positive assertion
Tarun Gandhi vs Mrs. Shakuntala Sharma on 16 March, 2023
Suit No. 16472/16
Suit
original s. 16 .
17. "Fraud" defined.--"Fraud" means and includes any
of the following acts committed by a party ... omission as the law specially
declares to be fraudulent.
18. "Misrepresentation" defined.--"Misrepresentation"
means and includes--
(1) the positive assertion
