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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.
Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.
- a)Ram can be held liable for fraud.
- b)Ram can be held liable for misrepresentation.
- c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.
- d)Ram cannot be held liable because it is the buyer who must be aware of the things.
Correct answer is option 'A'. Can you explain this answer?
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Directions: The question consists of two statements, one labelled as ...
Principle of Silence and Fraud
The principle states that mere silence regarding facts that could influence a person's decision to enter into a contract does not constitute fraud. However, if there is a duty to disclose or if silence equates to misrepresentation, liability may arise.
Facts of the Case
In the scenario, Ram sells a dog to Gagan, knowing that the dog has an unsound state of mind but chooses not to disclose this critical information.
Application of the Principle
- Duty to Disclose: In this case, Ram's knowledge of the dog's condition creates a duty to speak. Selling a dog with a known unsound state of mind is significant information that directly affects Gagan’s willingness to buy the dog.
- Equivalence of Silence to Speech: Ram’s silence can be seen as misleading. By withholding such vital information, he implicitly suggests that the dog is in a good state of mind, which is not the case.
Conclusion
Given these points, Ram can indeed be held liable for fraud because he failed to disclose a known defect that would have influenced Gagan's decision to purchase the dog. Therefore, the correct option is:
- a) Ram can be held liable for fraud.
This reflects the principle that there are circumstances where silence equates to fraud, particularly when there is a duty to disclose critical information.
The principle states that mere silence regarding facts that could influence a person's decision to enter into a contract does not constitute fraud. However, if there is a duty to disclose or if silence equates to misrepresentation, liability may arise.
Facts of the Case
In the scenario, Ram sells a dog to Gagan, knowing that the dog has an unsound state of mind but chooses not to disclose this critical information.
Application of the Principle
- Duty to Disclose: In this case, Ram's knowledge of the dog's condition creates a duty to speak. Selling a dog with a known unsound state of mind is significant information that directly affects Gagan’s willingness to buy the dog.
- Equivalence of Silence to Speech: Ram’s silence can be seen as misleading. By withholding such vital information, he implicitly suggests that the dog is in a good state of mind, which is not the case.
Conclusion
Given these points, Ram can indeed be held liable for fraud because he failed to disclose a known defect that would have influenced Gagan's decision to purchase the dog. Therefore, the correct option is:
- a) Ram can be held liable for fraud.
This reflects the principle that there are circumstances where silence equates to fraud, particularly when there is a duty to disclose critical information.
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Directions: The question consists of two statements, one labelled as ...
In this case, Ram can be held liable for fraud because he did not speak about the state of mind of dog despite knowing it. According to the principle, if Ram says nothing then it would be deemed to be silence and mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.
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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer?
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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. 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 Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer?.
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. 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 Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.Facts: Ram sells by auction to Gagan a dog, which Ram knows to be of unsound state of mind. Ram says nothing to Gagan about the dog's unsound state of mind.a)Ram can be held liable for fraud.b)Ram can be held liable for misrepresentation.c)Ram cannot be held liable because he did not say anything positive about the mental state of the dog.d)Ram cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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