(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 question requires identifying the statements that are incorrect concerning contract law principles related to fraud and misrepresentation.
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.
Correct. This holds true for fraudulent, negligent, and innocent misrepresentations. The contract becomes voidable at the option of the party who was misled.
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.
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.
Statements (a) and (d) were identified as incorrect.
Therefore, the correct selection is the one identifying statements (a) and (d) as wrong.
| List I | List II |
| Features | Remedies for breach of contract |
| A. Breach of promise to marry | I. Suit for injuction |
| B. Part performance (as much as earned) | II. Rescission of contract |
| C. Absolvation from all obligations | III. Sue for quantum meruit |
| D. Mode of securing the specific performance of negative terms of contract | IV. Vindictive damage |