English, asked by rosed4a6slatmehta, 1 year ago

Mere silence as to facts is not fraud explain with examples

Answers

Answered by Sudhalatwal
34
Section 17 of the Indian Contract Act points out that mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not fraud. For example if I have to begin a contract, as an efficient agent, I would very skilfully hide the change in prices that is going to happen shortly as the knowledge of it may impact his decision. I am not bound to share that information with the party. 

In another case mere silence as to facts can be a fraud where silence is speech. Suppose I want to sell my car and the buyer asks, " Is the car working well?' I don't say anything and keep silence. Here my silence is speech as it means that the car is working well. Hence, the silence here is a fraud.
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