It is a willful misrepresentation made by a party with
intent to deceive another party through inducing such party into the contract
believing that a thing is true which is untrue or false in reality. It means
fraud is misrepresentation with bad or what we called in legal term mala fid
intention. Such misstatement is made knowingly by a party to deceive another
party through the intended transaction under the contract made.
To say, A party to the contract or his/her agent shall be
deemed to have committed fraud if he/she, leads the other party or his/her
agent to believe or takes any action to believe the particular matter is true,
although he/her knows that it is fake, or suppress any information in his/her
possession, or in indulging in any other fraudulent act punishable under
prevailing law, with the intention of deceiving the opposite party or his/her
agent. According to this explanation it includes anyone of the following
situation if committed by one party of the contract or his agent with a view to
deceiving another party or his agent:
1.
To induce other party to believe that a false
act is as a true one.
2.
2 To conceal actively about any truth in
relation to fact.
3.
3 To do any act that conveys other party to
believe false as true, and
4.
4 To do some such acts that is declared to be fraudulent
by the current Nepalese law.
The Indian contract Act, 1872 section 17 mentions about it
that the fraud includes any of the following acts committed by a party to a
contract, or with his connivance or by his agent, with intent to deceive another
party thereto or his agent or to induce him to enter into the contract:
1.
The suggestion as to fact of that which is not
true by one who does not believe it to be true
2.
The active concealment of a fact by one having
knowledge or belief of fact
3.
A promise made without any intention of performing
it
4.
Any other act fitted to deceive
5.
Any such act or omission as the law specially
declares to be fraudulent.
No comments:
Post a Comment