CameraIcon
CameraIcon
SearchIcon
MyQuestionIcon
MyQuestionIcon
154
You visited us 154 times! Enjoying our articles? Unlock Full Access!
Question

This section consists of fifty (50) questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: Mere silence as unfairly, hurts B, A commits no offence decision of a person to enter into a contract does not amount of fraud, unless his silence is in itself equivalent to speech.
Facts: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of horse, then B shells presume that the horse is of sound mind. A says nothing to B about the mental condition of horse.

A
A has committed fraud
Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses
B
A has committed misrepresentation
No worries! We‘ve got your back. Try BYJU‘S free classes today!
C
There cannot be a fraud because A says nothing about the mental condition of the horse
No worries! We‘ve got your back. Try BYJU‘S free classes today!
D
There cannot be a fraud because B did not ask A whether the horse is of sound mind
No worries! We‘ve got your back. Try BYJU‘S free classes today!
Open in App
Solution

The correct option is A A has committed fraud
According to the facts provided we know that B specifically say to A that if he does not say anything about the state of mind of horse, the B shall presume that horse is of sound mind.
Thus 'A"s silence is equivalent to speech and will amount to fraud under section 17 of the Indian Contract Act, 1872 as is also enumerate by the above principle.

flag
Suggest Corrections
thumbs-up
0
similar_icon
Similar questions
View More
Join BYJU'S Learning Program
similar_icon
Related Videos
thumbnail
lock
Bleaching Powder
CHEMISTRY
Watch in App
Join BYJU'S Learning Program
CrossIcon