Professional Documents
Culture Documents
S. 16 Undue Influence
S. 17 Fraud
suggestion of untrue fact- believes it to be true
active concealment
promise without intention to perform
any other act fitted to deceive
law specifically declares to be fraudulent
*Mere silence is no fraud
*Duty to speak
*Silence is deceptive
*Change of circumstances
*Half Truths
S. 18 Misrepresentation
assertion of false fact- believes it to be true
unintentional breach of duty -advantage
innocently cause a party- mistake substance of the thing
Car and Universal Finance Co. Ltd. Vs. Caldwell (car -sold after recession of contract)
Jaggan Nath v Secy of State of India (contract with brother -assumption of false identity)
Gustavus Couturier v. Robert Hastie (CARGO Non-existent) or Illustractions in the act
Raja Singh v. Chaichoo Singh (illiterate man -signed gift deed -lease of his land
State of Karnataka v. Stellar Constructions (mistake about the distance from which material had to be brought)
Avery v Bowden
is indicated
is not indicated
nder void agreement, or contract that becomes void
Krell v Henry
idable contract
onable facilities for performance
Nicolene Ltd. v. Simmonds (3000 tons of steel -usual cond. Of acceptance -no conditions -enforceable)
Harris v. Nickerson (auction)
same as S. 11
Govindram Gordhandas Seksaria v State of Gondal
PC Wadhwa v State of Punjab
binstead v bux
state of banaras v kanhaiyya lal
Plinche v Colburn
Heron II, Koufos v C Czarnikow Ltd
Ryder v. Woombwell (Jewellery)
os befor hoes)
Oil and Natural Gas Corporation Ltd v SAW Pipes Ltd
n in public college)
Mahabir Prasad Rungta v Durga Dutt
Secretary of State for India v Fernandes
indu mehta v state of UP