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Query regarding law

Gaurav Mohnani (OWNER) (536 Points)

17 June 2012

HELP NEEDED !!!

If a seller (X) sells a new TV to a buyer (Y) knowing that the TV is absolutely fine, but when the good reaches to Y, TV is found to be defective.

IS this a condition of-

MISTAKE OR MISREPRESENTATION

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5 Replies

(Guest)

here it is a case of mistake . bcoz misrepresentation means knowingly giving a defectice tv. but here the seller does not know that it is defective . hence it is mistake. all the best for cpt

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Gaurav Mohnani (OWNER) (536 Points)
Replied 17 June 2012

thanks dude

CA Nitin Gupta (Senior Accounts Officer at JK Group of Industries + ca-cpt ipcc coaching) (97 Points)
Replied 18 June 2012

IT IS MISREPRESENTATION... THE DIFFERENCE BETWEEN FRAUD AND MISREPRESENTATION IS THAT IN FRAUD- THERE IS AN INTENTION TO DECIEVE, AND IN IN MISREPRESENTATION THERE IS NO INTENTION TO DECIEVE THE OTHER POARTY.. IF A PERSON MAKES A FALSE STATEMENT BELIEVING IT TO BE TRUE THEN IT IS MISREPRESENTATION AND IF HE MAKES A FALSE STATEMENT BELIEVING IT TO BE FALSE THEN IT IS FRAUD... ITS NOT A MISTAKE