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."
13. The terms coercion, undue influence, fraud and misrepresentation are defined in Sections
Black, 7th Edn., 1999)"
12. Likewise, Restatement (Second) of Contracts defines
misrepresentation as under: -
"A misrepresentation, being a false assertion of fact,
commonly ... misrepresentation. ... An assertion need
not be fraudulent to be a misrepresentation. Thus a
statement intended to be truthful may be a
misrepresentation because of ignorance
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
// 12 //
(1) the positive assertion
consequences of a pre-contract misrepresentation, which is the basis of
the plaintiff's suit. Such misrepresentation makes the contract voidable ... would have been, if the
representation made had been true.
10. Misrepresentation is defined vide Section 18 of the Contract Act as,
a) the positive
status to give free
consent.
"Free consent" is defined under Section 14 of the
Indian Contract Act, 1872, in the following terms ... defined in section 15 , or
(2) undue influence, as defined in section 16 , or
(3) fraud, as defined in section 17 , or
(4) misrepresentation
M/S.Hastimal & Sons vs Sri P Tejaraja Sharma on 24 October, 2017
IN
