Free consent all you need to know about-4

In the last part we discussed misrepresentation. Now let’s continue with further details about it .

•) Inducing mistake about subject matter

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 is also misrepresentation. In Nursey Spg & Wvg Co Ltd, re, ILR (1880) 5 Bom 92 the directors of a company acting within their authority, sold on the
on behalf of the company, a bill of exchange to a bank. The bill was different from what it was expressly represented to be by the agents of the company.The bank was held entitled to recover the amount of the bill from the company as money received to the use of the bank.

Suppression of vital facts

Misrepresentation also occurs from suppression of vital facts. The case
of concealment or suppression of vital facts when it when it amounts to a breach of duty
fall under sub-section (2) and when it leads the other party to make a mistake about the subject matter of the agreement it falls under
sub-section (3). For example in Asha Qureshi v Afaq Qureshi, AIR 2002 MP 263 the fact that the girl was married before and was a widow at the time of remarriage was held to be a vital fact. Its non-disclosure enabled the husband to get a decree of nullity.

Of material facts
Misrepresentation should be of facts that are material to the contract. Mere
commendatory expression such as men of business will habitually make about their goods are not sufficient to avoid the contract

Important cases relating to it

In Amina v Hasan Koya, 1985 KLT 596: 1985 Cri LJ 1996, the fact that the girl was running pregnancy was concealed from the would be groom and it was held by court that no fact could be more material than this, for it would possibly have deterred the groom from going ahead and when he avoided the marriage, it became nullity ab initio, as if it never existed.

In Bindu Sharma v Ram Prakash Sharma, AIR 1997 All 429; it has been held that qualifications of the spouse area are material fact. Wherein the girl was in possession of high academic qualifications and agreed to matrimony because she was told that her match was in an attractive job whereas he was only an apprentice in a factory, the
court ruled that it was a misrepresentation and, therefore, annulment of the marriage would have to be decreed.

Further details will be discussed in next part.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge


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