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Assignment of business and corporate law

Submitted to: SIR Ali siddiqu Submitted by: Ayesha Hassan Roll no BB-09-07 BBA 6th semester

What is fraud and misrepresentation differentiate them? Fraud:


A person or thing intended to deceive others, typically by unjustifiably claiming or being
credited with accomplishments or qualities.

Misrepresentation:
A false statement made by one party which affects the other party's decision in agreeing to a contract.

Difference between Fraud and misrepresentation:


Fraud is a false statement made with the intention to deceive and with the proper knowledge of fact hided from the other party to make them enter in the contract. The intention is to damage the other party. Statement of facts is considered as only misrepresentation not opinions. This statement is also false but the first party is unaware of fact .The contract made due to misrepresentation is voidable means can be invalid with the consent of injured party. Example: If as salesman gives the wrong statement about the warranty of the product to the customer by knowing the fact about then the sales man is doing fraud with the customer. While on the other hand if the salesman knowledge about the product is not updated and he gives the wrong statement because he is also not aware of the fact. So this is the case of misrepresentation

What is mistake of law and mistake of fact differentiate them? Mistake:


Mistake can be made an issue to avoid any contract by showing that party was not having free consent. Mistake can be of two types: 1. Mistake of fact 2. Mistake of Law

Mistake of fact:
Mistake of fact can only affect the contact if it was important to contract. In this case both the parties are unaware of mistake .Mistake of fact makes the contract void.

Mistake of law:
Mistake of law occurs when the party is unaware or ignorant of law. But this is not an excuse regardless that mistake was reasonable or not.. One should be well aware of the current laws to avoid any criminal liability. Because otherwise this would promote ignorance regarding laws in the society.

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