FRAUD | MISREPRESENTATION |
1. Fraud contains the intention to deceive. | 1. It does not contain any such intention. |
2. The facts are altered with the Intention to deceive the other Person. | 2. No such thing in misrepresentation. Any is presented as such presented as such whereas it does not came out to be true |
3. The guilty person has the knowledge of truth. | 3. The guilty person has no knowledge of truth. |
4. Fraud is a type of tort and so punishable. | 4. It does not come under tort. |
5. Contract by fraud can be rescinded to demand compensation. | 5. Contract by misrepresentation can only be rescinded not demand compensation |
6. The guilty person can not take the defence that the victim person as plaintiff could have find out the truth. | 6. Such defence could be availed. |
7. A deceptive act done intentionally by one party in order to influence the other party to enter into the contract is known as Fraud. | 7. The representation of a misstatement, made innocently, which persuades other party to enter into the contract, is known as misrepresentation. |
8. Section (17) of the Indian Contract Act, 1872 | 8. Section (18) of the Indian Contract Act, 1872 |
9. The aggrieved party, has the right to claim for damages. | 9. The aggrieved party has no right to sue the other party for damages. |
10. The contract is voidable even if the truth can be discovered in normal diligence. | The contract is not voidable if the truth can be discovered in normal diligence. |
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Monday, 23 March 2020
DIFFERENCE BETWEEN FRAUD & MISREPRESENTATION
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