Condition under  Misrepresentation consent shall not be called to be free

Mis-statement of a material fact to the contract means misrepresentation.

According to Sec. 18 of the Indian Contract Act, “Mis representation means and includes:
Misrepresentation is a false statement which is made  by a person-

●There is no intention to deceive other or to gain a advantage by misleading other.

Thus, misrepresentation is a false statement which the person making it honestly believes it to be true without any intention to deceive the other party.

Example. A sells his horse to 8 stating that the horse is sound. But in fact, the horse is unsound of which A doesn’t have any knowledge. Later on, B discovers the horse to be unsound. Here, it is a case of misrepresentation.

Requirements of Misrepresentation

A misrepresentation is relevant if it satisfies the following requirements-

1.It must be a representation of material fact. Mere expression of opinion does not amount to misrepre-
sensation

2.It must be made before the other party enter into
contract.

3.It must actually have been acted
Insinas the contract.

4.It must be wrong but the person who made it honestly believes it to be true.

5.The intention should not be to deceive the other
party.

Consequences of Mispresentation

In case of misrepresentation, the aggrieved party can

1.avoid or rescind the contract,

2.accept the contract on the condition that the representation made had been true.