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Question

What does misrepresentation mean as laid down under the Contract Act?

A Positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true Correct Answer Incorrect Answer
B Any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him Correct Answer Incorrect Answer
C Causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement Correct Answer Incorrect Answer
D All a, b & c Correct Answer Incorrect Answer

Solution

Contract Act Section 18. "Misrepresentation" defined: "Misrepresentation" means and includes— (1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him; (3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

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