Comml & Indl laws and Auditing paper 6, June 2012 exam
Q 1. (b).
As per Sec 17 of Indian Contract Act 1872, “Fraud” means and includes any of the 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, including the active concealment of a fact by one having knowledge or belief of the fact.
Hence remaining silent with respect to the known defects is fraudulent.
Note – I have compiled the above answer as per my understanding of the study notes. This answer is subject to correction as per the Institute’s suggested answers, to be brought out later on.
Source: Institute Study Notes