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Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer?.

Solutions for Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principle: 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;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. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge. Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?a)The contract could not be held void for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact.b)The defendant has no obligation to disclose as the parties contracting should obtain the necessary information themselves without relying upon the other party.c)As the defendant had taken it upon themselves to employ experts for the purpose of providing an estimate of sales, they owed a duty of care to the plaintiff to ensure that this was done on the basis of accurate information. Hence, the plaintiff can recover the losses which he had suffered as a result of the defendant's negligent misstatement.d)Both (A) and (C)Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.