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Section 18, Contract Act 1872: "Misrepresentation" Defined

Section 18 under Chapter II (of contracts, voidable contracts and void agreements) of the Contract Act, 1872 of India - "Misrepresentation" defined, is reproduced hereunder:—

"Misrepresentation" means and includes—

(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

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