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In India, the federal laws defines misrepresentation under "Misconception Of Fact". This is dealt with under the Indian Penal Code in Section 90, which states: Consent given firstly under fear of injury, and secondly under a misconception of fact, is not consent at all. That is what is explained in the first part of Section 90.
"Where the action is brought under section 2(1) of the Misrepresentation Act , one possible view is that the deceit rule will be applied by virtue of the fiction of fraud. But the preferable view is that the severity of the deceit rule can only be justified in cases of actual fraud and that remoteness under section 2(1) should depend, as in ...
In the Nigerian Criminal Code, the same offence is covered by article 419, which has now lent its name to the advance fee fraud. [6] The title of two popular Hindi films – Chachi 420 (in English: Trickster Aunt, a 1997 remake of Mrs. Doubtfire) and Shri 420 (in English: Mr. 420, a 1955 film) – are direct references to Section 420 of the IPC.
(a) the misrepresentation has become a term of the contract; or (b) the contract has been performed; or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding the matters mentioned in paragraphs (a) and (b) of this section.
In common law jurisdictions, a misrepresentation is a false or misleading [1] statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. [2] [3] The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission).
Caroline Ellison was sentenced to 2 years in prison for her role in the $11 billion FTX fraud. Prosecutors and her lawyers both asked for zero time behind bars — but it was up to a judge.
Fraud (Section 17): "Fraud" means and includes any act or concealment of material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract. Mere silence is not fraud. a contracting party is ...
Recent research reveals that caffeine has health benefits for most moderate coffee drinkers. Here are the pros and cons of drinking certain coffees, with expert insights and advice.