(a) Sunil induced Anil to buy his car saying that it was in a very good condition. After taking the car, Anil complained that there were many deficits in the car. Sunil proposed to get it repaired and promised to pay 40% cost of repairs. After a few days, the car did not work at all. Now Anil wants to rescind the Contract. Decide giving reasons.
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Sunil induced anil to buy his car saying that it was in a very good condition. after taking the car, anil complained that there were many deficits in the car. Sunil proposed to get ...
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Anil can rescind the contract.
- As per Section 19, Indian Contract Act, 1872, In the event of misrepresentation by the other party, the aggrieved party (Anil) has the right to avoid or terminate the contract.
- If the offended party accepts a benefit under the contract or acknowledges it in any manner after becoming aware of the deception, the right to cancel the contract is lost.
- As a result, in the situation at hand, Anil could not cancel the contract since his acceptance of Sunil's offer to shoulder 40% of the cost of repairs indicated final acceptance of the sale.
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