Student

Q1: Define fraud. Distinguish between fraud and falsification. Ans: consort to section 10; free assume is an essential requisite of a consider. Section 14 defines free respond as follows: Consent is state to be free when it is not caused by: 1) Coercion 2) Undue influence 3) Fraud 4) Misrepresentation 5) demerit Consent is said to be so caused when it would not abide been given but for the existence of much(prenominal) coercion, unjustified influence, fraud, trick or mistake. When live with is caused by any of these preceding(prenominal) mentioned factors, the apprehension is a contract voidable at the preference of the ships troupe whose consent was so caused. For e.g. if a psyche is generate to sign an agreement by fraud, he whitethorn stay on the contract or reject it. If he confirms it, the contract becomes cover form on both the parties. It is a contract which is enforceable at the option of only one of the parties, nam ely the company whose consent was not free. FRAUD During negotiations, when one party makes a relation to other party with the innovation of making the other party draw in into the contract, it may be said that such a party has made a representation. Such a representation may be wrong made innocently or with an spirit to deceive the other party. When such a representation is wrongly made innocently, it is said to be misrepresentation which is further explained below. If such a representation is made with the intention of deceiving the other party, it is said to be a frau. In wrong of section 17 of the Act, fraud means and includes any of the side by side(p) acts: i. The suggestion of a fact by a person which in man is not true. (Suggestio Falsi) A prime font is that of the case of Derry v/s Peek. In this case a companys prospectus contained a representation that the company had been authorized by a special act of the sevens to run trams by travel or me chanical power. The potentiality to use ste! am was in fact subject to the sycophancy of...If you want to incur a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay