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Question

Where the consent of a party is obtained by misrepresentation, the contract is _______________.

A
valid
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B
void
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C
voidable
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D
illegal
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Solution

The correct option is B voidable
Misrepresentation has been defined under Section 18 of the Indian Contract Act, 1872 as a representation made by a person in order to induce another person to enter into contract, believing the representation to be true. However, the statement is not true and causes loss to the other party induced to enter into the contract. Section 19 clearly states that any contract induced by misrepresentation is voidable at the option of the party suffering the loss.

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