Question 2 (a) part i
Fraud and misrepresentation
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 2 (a) part i · 3 marks- Differentiate between fraud and misrepresentation.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- Differentiate betweenSet the differences out in a table, basis by basis, not as two separate essays.
What the paper leaves open
Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (i) Fraud and misrepresentation 3 marks 6 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(i) Fraud and misrepresentation. In fraud the person making the statement knows it to be untrue and intends to deceive; in misrepresentation he believes it to be true and has no such intention. A defrauded party may rescind and claim damages, while a party misled by misrepresentation may rescind but cannot claim damages; and in misrepresentation the maker may plead that the other party had the means of discovering the truth.
1The dealer grins through the lie—he knows the engine is reconditioned junk.
FraudAsserting as a fact something untrue that the person does not himself believe
2The kindly uncle repeats what the mechanic told him, believing every word of it.
MisrepresentationThe positive assertion, in a manner not warranted by the maker's information, of what is not true though he believes it true
3True or honestly false, the choice is hers: keep the scooter or hand back the keys.
VoidableThe contract is voidable at the choice of the party whose consent was obtained in that way
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Fraud and misrepresentation | 3 |
| Total | 3 |
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