Author: Divyanshu Krishna, Student of Law at Babu Banarasidas University, Lucknow
INTRODUCTION
In the present modern development period, Contract law is essential for each commercial agreement. A large number of contracts are made every day. The Indian Contract Act of 1872 is a primary legislation, which governs the contract in India. The Fraud and misrepresentation are two important concepts under the Indian Contract Act, 1872, governing the formation and enforceability of contracts in India.
The fraud involves intentional deceiving to someone to enter a contract. It includes false representation, concealment of facts and promise made without intent to perform. On the other hand misrepresentation occurs when someone makes a false statement of fact or law that induces another party to enter into a contract. It includes fraudulent misrepresentation, negligent misrepresentation and innocent misrepresentation.
The section-19 of Indian Contract Act, 1872 addresses the voidability of agreements where consent was obtained through coercion, fraud or misrepresentation. The provisions of section 15 to 18 the Indian Contract Act, 1872 deals the necessary elements which made the any contract voidable on the choice of said party whose consent was taken through coercion, fraud or misrepresentation.
