Silence amounts to fraud when:a)Silence is not equivalent to speechb)S...
In some cases, silence give an impression of existence of fact. For eg:
X (customer) says to Y( jewellery shop owner) " if u do not object, I shall assume that these beads are real pearls" and Y says nothing though he knows that those beads were not real pearls. In this case , his silence amounts to fraud.
Silence amounts to fraud when:a)Silence is not equivalent to speechb)S...
Silence amounts to fraud when it is equivalent to speech. This means that if silence is considered to be the same as making a statement or giving information, then it can be considered fraudulent.
Explanation:
Silence is generally not considered to be equivalent to speech. In most situations, people are expected to speak up and provide information when it is necessary or when they have a duty to disclose certain facts. However, there are certain circumstances where silence can be deemed equivalent to speech, and in these cases, it can amount to fraud.
The correct answer to this question is option 'B', which states that silence is equivalent to speech. This means that if a person remains silent when they have a duty to speak or disclose certain information, their silence can be considered fraudulent.
Examples of when silence can amount to fraud:
1. Duty to Disclose: In certain situations, individuals have a duty to disclose certain information. For example, if a seller knows that a property they are selling has significant structural issues but fails to disclose this information to the buyer, their silence can be considered fraudulent.
2. Half-Truths: Sometimes, silence can be deceptive when combined with partial disclosure or half-truths. If someone provides some information but deliberately withholds important details that would significantly change the meaning or understanding of the situation, their silence can be considered fraudulent.
3. Fiduciary Duty: Individuals in positions of trust, such as lawyers, financial advisors, or agents, have a duty to act in the best interests of their clients. If they remain silent about conflicts of interest or fail to disclose material information that could impact their clients' decisions, their silence can be considered fraudulent.
In these examples, silence is deemed equivalent to speech because it is used to deceive or mislead others. By not speaking up or providing necessary information, individuals are essentially making a false representation or omission, which can be considered fraudulent.
In conclusion, silence can amount to fraud when it is equivalent to speech. This occurs when silence is used to deceive or mislead others, especially when there is a duty to speak or disclose certain information.
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