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CA Foundation doubt

Pleasee explain me this question in detail it's too controversial question

Image attached to the doubt: Pleasee explain me this question in detail it's too controversial question

Asked by Dax22 Jun 2024338 views

3 answers

  1. Anuj · 22 Jun 2024

    c) here in this case it is a clear case of fraud because P already knows that the horse is of unsound mind and here it becomes his duty to speak because in this case silence is equal to speech and P does not deny the fact that the horse is sound hence this contract will be voidable at the option of Q under section 19 of Indian contact act 1872.

  2. Anuj · 22 Jun 2024

    b) in this case it is the duty of the seller P to speak because here silence is equal to speech the buyer in this case is the daughter of P and since they are into a relationship it is the duty of the seller P to tell his daughter about the unsoundness of the horse

  3. Anuj · 22 Jun 2024

    As per the section 17 of Indian contact act fraud is when one party tries to attract the person to enter into contact in order to deceive the other person a) Silence is considered to be a fraud when it is the duty of the seller to speak but in this case it will not be considered as a fraud if the buyer by ordinary means to discover the truth

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