INTROIt can be mentioned as a general rule that if a person causes someone to act on a false representation that is not believed to be valid by the maker himself, he is said to have committed fraud.DEFINITIONAccording to the section 17 of the Contracts Act 1950, "Fraud" includes any of the following...
Sunday, 24 January 2021
MISTAKE
INTROFor a mistake to affect the validity of a contract it must be an "operative mistake", ie, a mistake which operates to make the contract void. Mere mistake, in itself, it is said, ought not to affect the consent of one of the parties to the contract, or to their obligations under the contract.MISTAKE...
Wednesday, 20 January 2021
MISREPRESENTATION
INTROA misrepresentation is a false statement of fact or rule that prompts the representative to enter into a contract. If a statement made during the course of negotiations is classified as a description, rather than a word, where the statement turns out to be untrue, an action for misrepresentation...
UNDUE INFLUENCE
INTROThere is undue control where a contract has been entered into as a result of pressure falling short of the sum of coercion, the party subject to the pressure may have a cause for action in equity to have the contract set aside for reasons of undue influence. The undue influence works where...
Saturday, 16 January 2021
Coercion
INTROThe law requires that parties enter into contracts with their full and free consent. If some form of pressure improperly applied to the victim caused his consent to the contract, the contract is void.Section 10 of the Contracts Act 1950- All agreements are contracts if they are made by the...