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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.


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