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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.
This section was also in use in other neighboring countries such as Pakistan, Myanmar, where the term 420 persists in popular culture to this date. In the Nigerian Criminal Code , the same offence is covered by article 419, which has now lent its name to the advance fee fraud .
(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.
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
"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 ...
Proving fraud in a court of law is often said to be difficult as the intention to defraud is the key element in question. [4] As such, proving fraud comes with a "greater evidentiary burden than other civil claims". This difficulty is exacerbated by the fact that some jurisdictions require the victim to prove fraud by clear and convincing ...
Civil fraud: If the IRS believes you have committed tax evasion, but the offense is not considered criminal, you could face a penalty of 75% of the tax underpayment attributable to fraud.
"Instrument" is defined by section 8, "makes" and "false" by section 9, and "induce" and "prejudice" by section 10. Forgery is triable either way . A person guilty of forgery is liable, on conviction on indictment , to imprisonment for a term not exceeding ten years, or, on summary conviction , to imprisonment for a term not exceeding six ...