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What are the differences between fraud, misrepres…

What are the differences between fraud, misrepresentation and mistake? Please answer in relation to…

What are the differences between fraud, misrepresentation and mistake? Please answer in relation to the Indian Contract Act.

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Kanishka Dec. 15, 2017

Fraud, misrepresentation and mistakes are the factors which doesn't allow the person entering into the contract to have a free consent. As a result, the resulting contract becomes altogether void or voidable in hands of that person. It means he can enforce or discharge such contract at his discretion.

To summarise:

(a) Fraud: Fraud exists when a false representation has been made knowingly with an intention to deceive the other party, or to induce him to enter a contract. Contract in the case is voidable.

(b) Misrepresentation: Means a misstatement of a material fact made believing it to be true, without an intent to deceive the other party. Contract will be voidable in this case.

(c) Mistake: When both the parties are at a mistake to a matter of fact to the agreement, the agreement is altogether void.