Go AD-Free with CAclubindia Pro and Daily Mobile Updates. Subscribe Now!

Query regarding law

Gaurav Mohnani (OWNER) (536 Points)

17 June 2012

HELP NEEDED !!!

If a seller (X) sells a new TV to a buyer (Y) knowing that the TV is absolutely fine, but when the good reaches to Y, TV is found to be defective.

IS this a condition of-

MISTAKE OR MISREPRESENTATION

Reply
Follow
Share

5 Replies

(Guest)

here it is a case of mistake . bcoz misrepresentation means knowingly giving a defectice tv. but here the seller does not know that it is defective . hence it is mistake. all the best for cpt

Gaurav Mohnani (OWNER) (536 Points)
Replied 17 June 2012

thanks dude

CA Nitin Gupta (Senior Accounts Officer at JK Group of I) (97 Points)
Replied 18 June 2012

IT IS MISREPRESENTATION... THE DIFFERENCE BETWEEN FRAUD AND MISREPRESENTATION IS THAT IN FRAUD- THERE IS AN INTENTION TO DECIEVE, AND IN IN MISREPRESENTATION THERE IS NO INTENTION TO DECIEVE THE OTHER POARTY.. IF A PERSON MAKES A FALSE STATEMENT BELIEVING IT TO BE TRUE THEN IT IS MISREPRESENTATION AND IF HE MAKES A FALSE STATEMENT BELIEVING IT TO BE FALSE THEN IT IS FRAUD... ITS NOT A MISTAKE