Voidable of Agreement without free consent

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Voidable of Agreement without free consent

Unread postby Admin » Sat Aug 04, 2012 10:48 am

Voidable of Agreement without free consent

when consent to an agreement is caused by coercion fraud or misrepresentation the agreement is a contract is voidable at the option of the party whose consent was so caused.

A party to contract whose consent was caused by fraud or misrepresentation may if he thinks fit insists that the contract shall be performed and that he shall be put in the position in which he would have been if the representations made had been true.

if such consent was caused by misrepresentation or by silence fraudulent with the meaning of section 17 the contract nevertheless is not voidable if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.

A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practiced or to whom such misrepresentation was made does not render a contract voidable.
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