Using Misrepresentation As A Defence Under Contract Theory
- IJLLR Journal
- Oct 5
- 1 min read
Kimaya Gupta, Kirit P. Mehta School of Law, NMIMS
ABSTRACT
The opposite party can cancel a contract based on a falsehood. Section 18 of the 1872 Contract Act addresses misrepresentation. Misrepresentation is when someone says something they know isn't true but says it nevertheless because they think it's true. It can also be a violation of duty that doesn't intentionally deceive but benefits the person who breached the obligation or anybody claiming under him an advantage by deceiving someone else to their cost. Misrepresentation is a violation of duty that benefits the perpetrator by deceiving the victim. This provision covers circumstances where no one is aiming to deceive, yet the one who profits from the arrangement is just as liable as if he were. The researcher has relied on secondary data to complete the research by using articles and journals. The research questions in the given paper is also proven throughout. The aim of the paper is to prove that the defence of misrepresentation can be used by the plaintiff when free consent is not acquired. The plaintiff must prove that misrepresentation occurred by the defendant and as a result of which, damage was caused to the party instituting the suit. This was proved throughout the paper.
Keywords: Misrepresentation, Contracts, Contract Theory
