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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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.
- a)X can be held liable for fraud
- b)X can be held liable for misrepresentation
- c)X cannot be held liable, because he did not say anything positive about the mental state of the horse
- d)X cannot be held liable because it is the buyer who must be aware of the things.
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Principle: Mere silence as to the facts likely to affect the willingne...
Explanation:
The principle states that 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.
In this case, X sells a horse which he knows to be of unsound state of mind to Y, but he says nothing to Y about the horse’s unsound state of mind. The correct answer is 'C' i.e. X cannot be held liable, because he did not say anything positive about the mental state of the horse.
Reasoning:
To understand why the correct answer is 'C', let's look at the following points:
• X did not say anything positive about the mental state of the horse. He did not make any false representation about the horse's state of mind.
• The principle states that mere silence 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.
• In this case, X did not have any duty to speak about the horse's mental state unless Y asked him about it. Y did not ask X about the horse's mental state, and therefore X did not have a duty to speak.
• Therefore, X cannot be held liable for fraud or misrepresentation in this case.
Conclusion:
In conclusion, the correct answer is 'C' i.e. X cannot be held liable, because he did not say anything positive about the mental state of the horse. The principle of 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.
The principle states that 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.
In this case, X sells a horse which he knows to be of unsound state of mind to Y, but he says nothing to Y about the horse’s unsound state of mind. The correct answer is 'C' i.e. X cannot be held liable, because he did not say anything positive about the mental state of the horse.
Reasoning:
To understand why the correct answer is 'C', let's look at the following points:
• X did not say anything positive about the mental state of the horse. He did not make any false representation about the horse's state of mind.
• The principle states that mere silence 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.
• In this case, X did not have any duty to speak about the horse's mental state unless Y asked him about it. Y did not ask X about the horse's mental state, and therefore X did not have a duty to speak.
• Therefore, X cannot be held liable for fraud or misrepresentation in this case.
Conclusion:
In conclusion, the correct answer is 'C' i.e. X cannot be held liable, because he did not say anything positive about the mental state of the horse. The principle of 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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Community Answer
Principle: Mere silence as to the facts likely to affect the willingne...
Option C is correct according to caveat emptor buyer should be beware. no discussion regarding the soundness of the horse was initiated at the auction by X or Y . X had no obligation to speak up. its duty of Y to ask about soundness of horse
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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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer?
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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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. 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 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer?.
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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. 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 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer?.
Solutions for 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. 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 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice 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: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.a)X can be held liable for fraudb)X can be held liable for misrepresentationc)X cannot be held liable, because he did not say anything positive about the mental state of the horsed)X cannot be held liable because it is the buyer who must be aware of the things.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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