Mrinalkanti (Teacher) 14 December 2009

Misrepresentation and Fraud

Is there difference between Misrepresentation and Fraud?When misrepresentation can defined as fraud?

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Mrinalkanti (Teacher) 14 December 2009

Is there any difference between Misrepresentation and Fraud?When misrepresentation can defined as fraud?

N.K.Assumi (Advocate) 14 December 2009

Under section 25 (iii) of the Special Marriage Act a marriage solemnized under the said act may be avoided by a decree of nullity if the consent of either party to the marriage was found to have been obtained by coercion or fraud as defined in the Indian Contract Act. Consent must be real and not obtained by force or fraud for a valid marriage.

Section 18 of the Indian Contract Act speaks about coercion and fraud as such misrepresentation alone may not be a vitiating ground. But fraudulent misrepresentation contrary to the facts made by a person with knowledge of its falsehood or without belief in its truth may operate as a ground of nullity.

By the conjoint operation of Section 25 (iii) of the Special Marriage Act and Section 18 of the Indian Contract Act, coercion would mean threatening to commit any offence forbidden by the Indian Penal Code. Thus threatening to put an end to his lover’s life or threatening to commit suicide both would amount to coercion.

Guest (Guest) 14 December 2009

Hi,

The level of intention plays a major role in "misrepresentation and Fraud."

In other words, misrepresentation is a innocent misstatement or nondisclosure of facts.

E.g., Misrepresntation - a merchant selling a original DVD player believing that it is region-free or hides the facts that it cannot play DVDs brought from UK or US, but those only from India.

Fraud - a merchant selling a duplicate "player" as branded player knowingly.