Indian Contracts Act 1872
This query is : Resolved
01 February 2009
Please help me solve the following questions given in the study materials. I feel the answers given are wrong.
1. A contracts with B to buy a necklace, believing it is made of pearls whereas in fact it is made of imitation pearls of no value. B knows that A is mistaken and takes no steps to correct the error. Now A wants to cancel the contract on the basis of fraud. Which of the following statement is correct?
a. A can cancel the contract alleging fraud.
b. A cannot cancel the contract.
c. A can cancel the contract alleging undue influence.
d. A can claim damages.
According to me the answer is (a) since B was aware that A was mistaken and he does not do anything to correct that error. Therefore this cannot be a case of unlateral mistake of fact but an active concealment of a material fact by B that amounts to fraud. Am I right? Or is the answer(b) as given in the study mat. Plzzz respond
1. A contracts with B to buy a necklace, believing it is made of pearls whereas in fact it is made of imitation pearls of no value. B knows that A is mistaken and takes no steps to correct the error. Now A wants to cancel the contract on the basis of fraud. Which of the following statement is correct?
a. A can cancel the contract alleging fraud.
b. A cannot cancel the contract.
c. A can cancel the contract alleging undue influence.
d. A can claim damages.
According to me the answer is (a) since B was aware that A was mistaken and he does not do anything to correct that error. Therefore this cannot be a case of unlateral mistake of fact but an active concealment of a material fact by B that amounts to fraud. Am I right? Or is the answer(b) as given in the study mat. Plzzz respond
Taranjit Singh
(Expert)
25 September 2009
If this query is still pending then please post it again by updating dear......Best wishes..
Taranjit Singh
(Expert)
25 September 2009
If this query is still pending then please post it again by updating dear......Best wishes..
Message likes :
1 times
03 October 2009
Please help me solve the following questions given in the study materials. I feel the answers given are wrong.
1. A contracts with B to buy a necklace, believing it is made of pearls whereas in fact it is made of imitation pearls of no value. B knows that A is mistaken and takes no steps to correct the error. Now A wants to cancel the contract on the basis of fraud. Which of the following statement is correct?
a. A can cancel the contract alleging fraud.
b. A cannot cancel the contract.
c. A can cancel the contract alleging undue influence.
d. A can claim damages.
According to me the answer is (a) since B was aware that A was mistaken and he does not do anything to correct that error. Therefore this cannot be a case of unlateral mistake of fact but an active concealment of a material fact by B that amounts to fraud. Am I right? Or is the answer(b) as given in the study mat. Plzzz respond
1. A contracts with B to buy a necklace, believing it is made of pearls whereas in fact it is made of imitation pearls of no value. B knows that A is mistaken and takes no steps to correct the error. Now A wants to cancel the contract on the basis of fraud. Which of the following statement is correct?
a. A can cancel the contract alleging fraud.
b. A cannot cancel the contract.
c. A can cancel the contract alleging undue influence.
d. A can claim damages.
According to me the answer is (a) since B was aware that A was mistaken and he does not do anything to correct that error. Therefore this cannot be a case of unlateral mistake of fact but an active concealment of a material fact by B that amounts to fraud. Am I right? Or is the answer(b) as given in the study mat. Plzzz respond
CA Gandharv Sharma
(Expert)
25 April 2012
time barred query !!
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