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Which of the following statement is false ?
- a)A contract is not voidable if fraud or misrepresentation does not induce the other party to enter into a contract
- b)A party cannot complain of fraudulent silence or misrepresentation if he had the means of discovering the truth with ordinary means
- c)In case of fraud or misrepresentation, aggrieved party can either rescind or affirm the contract
- d)A party who affirms the contract, can also change his option afterwards if he so decides
Correct answer is option 'D'. Can you explain this answer?
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Which of the following statement is false ?a)A contract is not voidabl...
False Statement: A party who affirms the contract can also change his option afterwards if he so decides.
Explanation:
When a party is induced to enter into a contract by fraud or misrepresentation, he has two options - he can either rescind the contract or affirm the contract. If he chooses to affirm the contract, he cannot change his option afterwards.
The reason for this is that affirming the contract means that the party is willing to continue with the contract despite the fraud or misrepresentation. Once the party affirms the contract, he cannot later change his mind and rescind the contract based on the same fraud or misrepresentation.
Therefore, option D is false.
Other Options:
a) A contract is not voidable if fraud or misrepresentation does not induce the other party to enter into a contract - This statement is true. For a contract to be voidable, the fraud or misrepresentation must have induced the other party to enter into the contract.
b) A party cannot complain of fraudulent silence or misrepresentation if he had the means of discovering the truth with ordinary means - This statement is also true. If a party had the means of discovering the truth with ordinary means, he cannot complain of fraudulent silence or misrepresentation.
c) In case of fraud or misrepresentation, aggrieved party can either rescind or affirm the contract - This statement is true. When a party is induced to enter into a contract by fraud or misrepresentation, he has the option of either rescinding the contract or affirming the contract.
Explanation:
When a party is induced to enter into a contract by fraud or misrepresentation, he has two options - he can either rescind the contract or affirm the contract. If he chooses to affirm the contract, he cannot change his option afterwards.
The reason for this is that affirming the contract means that the party is willing to continue with the contract despite the fraud or misrepresentation. Once the party affirms the contract, he cannot later change his mind and rescind the contract based on the same fraud or misrepresentation.
Therefore, option D is false.
Other Options:
a) A contract is not voidable if fraud or misrepresentation does not induce the other party to enter into a contract - This statement is true. For a contract to be voidable, the fraud or misrepresentation must have induced the other party to enter into the contract.
b) A party cannot complain of fraudulent silence or misrepresentation if he had the means of discovering the truth with ordinary means - This statement is also true. If a party had the means of discovering the truth with ordinary means, he cannot complain of fraudulent silence or misrepresentation.
c) In case of fraud or misrepresentation, aggrieved party can either rescind or affirm the contract - This statement is true. When a party is induced to enter into a contract by fraud or misrepresentation, he has the option of either rescinding the contract or affirming the contract.
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Which of the following statement is false ?a)A contract is not voidable if fraud or misrepresentation does not induce the other party to enter into a contractb)A party cannot complain of fraudulent silence or misrepresentation if he had the means of discovering the truth with ordinary meansc)In case of fraud or misrepresentation, aggrieved party can either rescind or affirm the contractd)A party who affirms the contract, can also change his option afterwards if he so decidesCorrect answer is option 'D'. Can you explain this answer?
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