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Section 18 - Misrepresentation defined : Indian Contract Act 1872

What is Misrepresentation? Section 18 of Indian Contract Act 1872


Section 18 of Indian Contract Act 1872 : "Misrepresentation defined"

18. "Misrepresentation" 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 advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of anyone 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.

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