Please someone give answer of the question

Karishma · 28 Jun 2024

According the provisions of Indian contract act 1872,if the person whose consent was caused by silence amounting to fraud, has means of discovering the truth by exercising his ordinary diligence then the contract is not voidable. In the given case. Kapolei asked the salesman about the area where steel pens are kept. Salesman told him the direction and also told him that with steel pans other metal's pans are also kept. Kalil picked aluminum pan by mistake, salesman saw it but said nothing. Here the silence of salesman would not amount to fraud because Kapolei by exercising his ordinary diligence could discover that the pan he has closed is a aluminum fan and not a steel fan. So in the given case Kapil is not eligible to file suit for fraud against departmental store.