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Explain 2&3 topic in means of misrepresentation
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A breach of duty occurs when one party fails to achieve his duty of care to act wisely. Basically when a party does not act in a reasonable manner. The 3rd point talks of innocent misrepresentation for instance a seller tells a buyer that a television set is brand new, when in fact it is 3 years old and already used by someone else, this would lead to innocent misrepresentation provided the seller was not aware of the Television's use.
Thread Starter
Sumita ShahI can't understand 2nd point
For instance there's a contract between Vijay and Vikas wherein, Vikas is selling his business to Vijay for Rs. 70 Lakhs, the transaction is to take place after 6 months. At the time the contact was made, the monthly sales of Vikas's business was Rs. 1,50,000 however, the sales have now dropped to Rs. 70,000 per month. It is Vikas's duty to inform about the same to Vijay which he forgets to do unintentionally. So here there's breach of duty on part of Vikas.
Ashlesha Atal Faculty
For instance there's a contract between Vijay and Vikas wherein, Vikas is selling his business to Vijay for Rs. 70 Lakhs, the transaction is to take place after 6 months. At the time the contact was made, the monthly sales of Vikas's business was Rs. 1,50,000 however, the sales have now dropped to Rs. 70,000 per month. It is Vikas's duty to inform about the same to Vijay which he forgets to do unintentionally. So here there's breach of duty on part of Vikas.
Bt sir the 2-3 line in which 2nd topic what the mean of it?
Thread Starter
Sumita ShahBt sir the 2-3 line in which 2nd topic what the mean of it?
It just says that if a person as a result of breach of duty gains any advantage, without any intention of cheating the other person, it will amount to misrepresentation.
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