Exercises · Q9
Q.Distinguish between Fraud and Misrepresentation.
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Start your 14-day free trial to unlock the full solution →| Basis | Fraud (Section 17) | Misrepresentation (Section 18) |
|---|---|---|
| Intent | Knowingly false, made with intent to deceive | Innocent — the person believes the statement to be true |
| Knowledge of falsity | The maker knows (or is reckless as to) the statement being false | The maker does not know it is false |
| Includes | Active concealment of a fact by a person under a duty to disclose it | Only an innocent false statement; no concealment intent |
| Remedy | Contract voidable, AND the aggrieved party may claim damages | Contract voidable, but generally NO damages, only rescission/restitution |
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