When the consent of a party is obtained by fraud, the contract is ____...
Answer:
When the consent of a party is obtained by fraud, the contract is voidable. Here's a detailed explanation:
1. Definition of Fraud:
Fraud refers to the intentional misrepresentation of facts or the suppression of material facts with the purpose of deceiving another party.
2. Effect on Contract:
When the consent of a party is obtained by fraud, it affects the validity of the contract. The innocent party has the option to either affirm the contract or rescind it.
3. Voidable Contract:
A contract that is obtained by fraud is considered a voidable contract. This means that the innocent party has the right to void or cancel the contract due to the fraudulent actions of the other party.
4. Rescission of Contract:
The innocent party can choose to rescind the contract, which means they can treat the contract as if it never existed. They can be relieved from their obligations under the contract and seek restitution for any losses suffered.
5. Time Limit:
It's important to note that the innocent party must exercise their right to rescind the contract within a reasonable time frame. Delay in rescinding the contract may result in the innocent party losing their right to void the contract.
6. Legal Remedies:
In addition to rescission, the innocent party may also seek legal remedies such as damages or restitution for any losses or harm caused by the fraudulent actions.
In conclusion, when the consent of a party is obtained by fraud, the contract is voidable. The innocent party has the option to either affirm the contract or rescind it, seeking legal remedies for any losses suffered.
View all questions of this test
When the consent of a party is obtained by fraud, the contract is ____...
Wen the consent is obtained by fraud the aggrieved party can file a suit so this contract is9 enforceable only at the option of one party but not at the option of the party who has done fraud. And also for a valid contract the consent must be free consent so this contract is voidable
When the consent of a party is obtained by fraud, the contract is ____...
Option D is correct...