Fraud s.17

 Section.17

Definition 

Fraud means the act committed by a party to a contract with intent to deceive another party to enter into contract.

1. Promise made without intention of performing 

2.concealment of facts

Duty to speak( uberrima fires)

The person who keeps the silence has a duty to speak  

Father selling a horse to his son has to inform the fact that the horse is unsound.

The insurance company has to inform the insurer of the risk covered without concealment of facts making him to take the insurance .

Old person should inform the insurance person of the fact the disease he has without concealing the disease by producing a false medical certificate.

Case law

Haji Ahmad yarkhan v Abdul gani khan 

The plaintifff arranged for the engagement of his son wher he found that the girl was suffering from epileptic disease and sued for damages the concealment of a fact amounts to fraud.


Comments

Post a Comment

Popular posts from this blog

Administration of justice

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 
Read more

Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 
Read more

Procedural law and substantive law

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...
Read more