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Question

Which of the following statements are wrong ? Answer using the codes given blow :
(a) Fraud renders a contract void.
(b) Misrepresentation renders a contract voidable.
(c) Misrepresentation is more or less an intentional wrong, whereas fraud may be quite innocent.
(d) Damages for loss caused by innocent misrepresentation are assessed on the same principles as in the case of a deliberate fraud.

The correct answer is
(a) and (d) only

Analysis of Statements

The question requires identifying the statements that are incorrect concerning contract law principles related to fraud and misrepresentation.

Statement (a): Fraud renders a contract void.

Incorrect. A contract induced by fraud is typically voidable by the aggrieved party, not void ab initio (invalid from the beginning). The contract remains valid unless the innocent party chooses to rescind it.

Statement (b): Misrepresentation renders a contract voidable.

Correct. This holds true for fraudulent, negligent, and innocent misrepresentations. The contract becomes voidable at the option of the party who was misled.

Statement (c): Misrepresentation is more or less an intentional wrong, whereas fraud may be quite innocent.

Correct. This statement asserts that misrepresentation often involves intentional conduct, while implying that some acts classified as fraud might arise from circumstances the perpetrator perceived as less intentionally deceptive.

Statement (d): Damages for loss caused by innocent misrepresentation are assessed on the same principles as in the case of a deliberate fraud.

Incorrect. The assessment of damages differs. For fraud, damages can be extensive, covering losses due to deceit. For innocent misrepresentation, damages are usually awarded to restore the party to the position they would have occupied had the misrepresentation not been made, often as an alternative to rescission.

Conclusion on Incorrect Statements

Statements (a) and (d) were identified as incorrect.

  • Statement (a) mischaracterizes fraud as rendering a contract void, rather than voidable.
  • Statement (d) incorrectly claims the principles for assessing damages in innocent misrepresentation and fraud are identical.

Therefore, the correct selection is the one identifying statements (a) and (d) as wrong.

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Important Questions from Law Relating To Contracts

  1. Which one of the following is invalid for the relationship among the agent, the sub-agent and the principal?
  2. Match List I with List II
    List IList II
    FeaturesRemedies for breach of contract
    A. Breach of promise to marryI. Suit for injuction
    B. Part performance (as much as earned)II. Rescission of contract
    C. Absolvation from all obligationsIII. Sue for quantum meruit
    D. Mode of securing the specific performance of negative terms of contractIV. Vindictive damage

    Chose the correct answer from the option given below:
  3. Working Journalists and other Newspaper employees and Miscellaneous Provisions Act 1955 specified __________ service is eligible for gratuity.
  4. What does 'Civil Contempt' under the contempt of Courts Act 1971, mean?
  5. Body which have adjudicatory powers to settle disputes among Tele communication Service providers is
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