Misrepresentation

Definition

A false statement of fact made innocently (without knowledge of its falsity) by one party to induce the other to enter a contract (Section 18, ICA 1872). Unlike Fraud, there is no intention to deceive. Contract is Voidable but no right to damages.

Example

"A, genuinely believing an old map to be accurate, uses it to represent a plot's boundaries to B. B buys the plot and finds the boundaries wrong — this is Misrepresentation, not Fraud."

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