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  • Misrepresentation: Presented by Muhammad Ashab Hashmi Muhammad Rizwan Muhammad Zakria Awais Khan Rawaiz Khan

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    The document defines misrepresentation as a false representation of a material fact made without intent to deceive that induces another party to enter a contract. There are three forms of misrepresentation: positive assertion, breach of duty, and inducing mistake. For a misrepresentation to occur, the false statement must be made innocently and in relation to facts, induce the other party, and result in a loss upon discovery of the truth. Effects of misrepresentation include the right to rescind the contract and restoration to the original position. Misrepresentation differs from fraud in that fraud involves an intentional deception, while misrepresentation is made without intent to deceive. The right to cancel a contract due to misrepresentation can be lost through affirmation of the contract

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    MISREPRESENTATION

    Original Title

    Misrepresentation

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    The document defines misrepresentation as a false representation of a material fact made without intent to deceive that induces another party to enter a contract. There are three forms of misrepresentation: positive assertion, breach of duty, and inducing mistake. For a misrepresentation to occur, the false statement must be made innocently and in relation to facts, induce the other party, and result in a loss upon discovery of the truth. Effects of misrepresentation include the right to rescind the contract and restoration to the original position. Misrepresentation differs from fraud in that fraud involves an intentional deception, while misrepresentation is made without intent to deceive. The right to cancel a contract due to misrepresentation can be lost through affirmation of the contract

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    8 views8 pages

    Misrepresentation: Presented by Muhammad Ashab Hashmi Muhammad Rizwan Muhammad Zakria Awais Khan Rawaiz Khan

    Uploaded by

    AshabHashmi
    The document defines misrepresentation as a false representation of a material fact made without intent to deceive that induces another party to enter a contract. There are three forms of misrepresentation: positive assertion, breach of duty, and inducing mistake. For a misrepresentation to occur, the false statement must be made innocently and in relation to facts, induce the other party, and result in a loss upon discovery of the truth. Effects of misrepresentation include the right to rescind the contract and restoration to the original position. Misrepresentation differs from fraud in that fraud involves an intentional deception, while misrepresentation is made without intent to deceive. The right to cancel a contract due to misrepresentation can be lost through affirmation of the contract

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    of 8

    MISREPRESENTATION

    Presented by
    Muhammad Ashab Hashmi
    Muhammad Rizwan
    Muhammad Zakria
    Awais Khan
    Rawaiz Khan

    MISREPRESENTATION
    Definition:
    The term Misrepresentation means False
    representation of a fact made innocently of
    material of contract without any intention to
    deceive the other party.
    Definition according to Sec(18)
    o Positive ascertain
    o Breach of Duty
    o Inducing Mistake

    FORMS OF MISREPRESENTATION

    Positive Ascertain
    Breach of Duty
    Inducing Mistake

    ESSENTIALS OF MISREPRESENTATION

    Innocently believing it to be true


    Relate to facts
    Must be False
    Induce other Party
    To deceive other Party
    Suffer of Loss
    Discovery of truth

    EFFECTS OF MISREPRESENTATION

    Rescind
    Restoration
    Knowledge of misrepresentation
    Right of third party
    Aggrieved Party

    CONTRACT OF UTMOST GOOD


    FAITH

    Fiduciary Relationship
    Contract of insurance
    Contract of purchase of shares
    Contract of sale of land
    Contract of partnership
    Contract of guarantee Sec (143)
    Contract of marriage engagement
    Contract of family settlements

    DIFFERENCE B/W FRAUD AND


    MISREPRESENTATION

    Intention
    Belief
    Damages
    Offence
    Truth

    LOSS OF RIGHT OF
    CANCELLATION

    Affirmation
    Restitution not possible
    Lapse of time
    Rights of third party

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