0
It is an interesting question in any legal jurisdiction - can a party commit fraud by remaining silent in a transaction? mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstance of the case are such that regarded being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speach.
What else can I help you with?
What is the Definition of fraud as per Indian penal code?
There is no specific section which deals with Fraud. The element of Fraud has to be made out by Sections 415 and 420 or by reading with forgery i.e. Section 463. Criminal misappropriation or breach of trust also includes/deals with Fraud. Fraud is essentially an element which is specifically defined and provided in Indian Contract Act, which is for Civil remedy. So, fraud has to be established by making co - relations and by drawing analogies and fulfilling its ingredients (which can be made known by looking into judgments which explain 'Fraud')
Can silence be fraudulent?
Yes, silence can be considered fraudulent in certain contexts, particularly when it involves a duty to disclose information. For example, if one party withholds crucial information that could impact another party's decision, this silence can be seen as deceptive. In legal terms, silence may constitute fraud if it leads to misrepresentation or creates a false impression. Ultimately, the context and intent behind the silence play critical roles in determining its potential fraudulent nature.
Is a 17 yr old responsible for a credit card he lied on his age to get?
No he is not responsible for the debt as a 17 year old cannot enter into a legally binding contract. However, he would be responsible for the fraud.
Difference between fraud and misrepresentation?
Difference between fraud and Misinterpretation1. Fraud is always done Intentionally, Misinterpretation can be preformed Intentionally or Negligently.2. Fraud always have malicious intent, Misinterpretation may not have malicious intent to deceive if it happens negligently through a misstatement and/or omission of a material fact(s)
What are the possible punishments for online fraud in Canada?
There are many different punishments for online fraud in Canada. If the fraud leads to at least 500 dollars in loss of the innocent party, then they can serve up to 4 years in jail.
What is an explanation of silence as fraud?
silence is fraud in a sense when your partner is in front of you and he or she talks to you and he or she wants your opinion your willingness but you become mute and show silence in different aspects
What crime is committed when a contractor takes money but does not complete the job?
If a contract was in force - contract fraud. Otherwise civil fraud.
What is the Definition of fraud as per Indian penal code?
There is no specific section which deals with Fraud. The element of Fraud has to be made out by Sections 415 and 420 or by reading with forgery i.e. Section 463. Criminal misappropriation or breach of trust also includes/deals with Fraud. Fraud is essentially an element which is specifically defined and provided in Indian Contract Act, which is for Civil remedy. So, fraud has to be established by making co - relations and by drawing analogies and fulfilling its ingredients (which can be made known by looking into judgments which explain 'Fraud')
Why fraud invalidates a contract?
Fraud invalidates a contact because law requires it.
How is a contract formed illegally?
Although there are many aspects of contract law, the one thing that can ensure that a contract is "illegal" is fraud. When one party to a contract commits fraud or misrepresents a fact that he knows to be a misrepresentation, the opposing party is not held to the contract.
If a name is misspelled on a contract is it still legal?
A small error like this is not going to void the contract. If there was no fraud involved, the courts will enforce it. And if there was fraud, in addition to possibly enforcing the contract, there could be criminal charges.
What is consenting mind in contract law?
When two or more persons agree upon the same thing in the same sense, there is said to be contract, according to section 13, Indian Contract Act. Consent is considered valid, only when it is a free consent. there is said to be free consent, when such consent has been obtained by means of fraud, coercion, undue influence, mistake and/or misrepresentation. (S.14 of Indian Contract Act, 1874) When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. A party to contract, whose consent was caused by fraud or mispresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put on the position in which he would have been if the representations made had been true. Exception : If such consent was caused by misrepreentation or by silence, fraudulent within the meaning of section 17, the contract, neverthless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence. Explanation : A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. [privity of contract]
Can contract of sale be cancelled because of fraud?
Certainly fraud is capable of voiding a bill of sale. The circumstances have to be provable in a court of law.
What has the author Brian C Elmer written?
Brian C. Elmer has written: 'Fraud in government contracts' -- subject(s): Fraud, Public contracts 'Government contract fraud' -- subject(s): Fraud, Public contracts
Is there a way to get out of a signed contract with a car dealership?
Not unless the dealer agrees to void the contract or fraud was involved. You signed it, and you will have to live with that decision.
Can theft and fraud be filed against a contractor?
A contractor can be charged with theft and fraud. The crime is the same regardless of the relationship. The contract can be used to show what was expected.
Why do courts permit fraud to disrupt genuine agreement in a contractual setting?
Your question implies that courts permit fraud in contract cases. That is not a true fact.
