In the previous part undue influence, a reason because of which consent can not be free was discussed. Now in this part too we will continue with some more reasons.
•Misrepresentation
The simplest meaning of word misrepresentation is misstatement of a fact material to the contract. Section 18 defines misrepresentation “as means and
includes—
(1) the positive assertion, in a manner not warranted by the information of
the person making it,of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advan
tage to the person committing it, or anyone claiming under him, be misleading
another to his prejudice, or to the prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement, to make a mistake
as to the substance of the thing which is the subject of the agreement.” A contract the consent to which is induced by misrepresentation is voidable at the option of the deceived party.
This section includes the following types of misrepresentation:
°Unwarranted statements.
°Breach of duty.
°Inducing mistake about subject matter.
•) Unwarranted statements
When a person positively asserts that a fact is true when his information does not warrant it to be so, though he believes it to be true this is misrepresentation. In Oceanic Steam Navigation Co v Soonderdas Dharamsey, ILR (1890) 14 Bom 241 The defendants chartered a ship from the plaintiffs, who stated that the ship was certainly not more than 2800 tonnage register.As a matter off act the ship had never been in Bombay and was wholly unknown to the plaintiffs .She turned out to be of the registered tonnage of more than 3000 tonnes.It was held that there was misrepresentation on the part of defendant. When a representation acquires the status of being a term of the contract and it turns out to be untrue then the disadvantaged party may avoid the contract and also sue for damages for breach.
•) Breach of duty
Any breach of duty which may bring an advantage to the person committing it by misleading the other person to his prejudice is a misrepresentation. In Khandu Charan Polley v Chanchala Bhuinya,AIR 2003 Cal 213 The plaintiff, having no time to read the contents of a deed, signed it as he was given the impression by the defendant that it contained nothing but formal matters already settled between them. The deed, however,
contained a release in favour of the defendants. Accordingly, the plaintiff was allowed to set aside the deed. “The defend-
ant,” the court said, “was under no obligation, legally or morally, to communicate the contents of the deed. But the plaintiff placed confidence.It then became his duty to state fully without concealment, all that was essen-
tial to a knowledge of the contents of a document.”
Further details of misrepresentation will be discussed in next part.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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