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    Question

    Under Section 17 of the Indian Contract Act, 1872,

    "Fraud" does NOT include:
    A The suggestion, as a fact, of that which is not true, by one who does not believe it to be true Correct Answer Incorrect Answer
    B The active concealment of a fact Correct Answer Incorrect Answer
    C A promise made without any intention of performing it Correct Answer Incorrect Answer
    D Mere silence as to facts likely to affect the willingness of a person to enter into a contract, unless there is a duty to speak Correct Answer Incorrect Answer
    E Any other act fitted to deceive Correct Answer Incorrect Answer

    Solution

    The explanation to Section 17 of The Indian Contract Act states that mere silence is not fraud unless the circumstances are such that it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.

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