Misrepresentation

Misrepresentation is an untrue statement which the maker believes is true and without any intention of deceiving the misled party. In the case of fraud, on the other hand, the maker of the false statement or representation does not believe in the truth of the statement made and has the conceived int...

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Main Authors: Arowosaiye, Yusuf Ibrahim, Masum, Ahmad, Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan
Format: Book Chapter
Language:English
Published: CLJ Malaysia Sdn Bhd 2024
Subjects:
Online Access:http://irep.iium.edu.my/115758/1/115758_Misrepresentation.pdf
http://irep.iium.edu.my/115758/
https://www.cljlaw.com/store/product/contract-law-in-malaysia/
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spelling my.iium.irep.1157582024-12-12T06:56:45Z http://irep.iium.edu.my/115758/ Misrepresentation Arowosaiye, Yusuf Ibrahim Masum, Ahmad Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan K Law (General) K600 Private Law Misrepresentation is an untrue statement which the maker believes is true and without any intention of deceiving the misled party. In the case of fraud, on the other hand, the maker of the false statement or representation does not believe in the truth of the statement made and has the conceived intention to deceive the misled party. Although the two concepts are not the same by the above underpinning factor of intent to deceive or without intent to deceive, both result in the same effect with regards to the contract in question, as the consent of the other party is not freely given, being induced by fraud or misrepresentation. By virtue of the provision of s. 14 of the Contracts Act, the agreement is a contract voidable at the instance of the misled party whose consent was not freely obtained but with the influence of fraud or misrepresentation. It then means that the misled party has the option to affirm or repudiate the contract. CLJ Malaysia Sdn Bhd 2024 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/115758/1/115758_Misrepresentation.pdf Arowosaiye, Yusuf Ibrahim and Masum, Ahmad and Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2024) Misrepresentation. In: Contract Law in Malaysia. CLJ Malaysia Sdn Bhd, Ampang, Selangor, pp. 207-232. ISBN 978-967-457-199-3 https://www.cljlaw.com/store/product/contract-law-in-malaysia/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
K600 Private Law
spellingShingle K Law (General)
K600 Private Law
Arowosaiye, Yusuf Ibrahim
Masum, Ahmad
Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
Misrepresentation
description Misrepresentation is an untrue statement which the maker believes is true and without any intention of deceiving the misled party. In the case of fraud, on the other hand, the maker of the false statement or representation does not believe in the truth of the statement made and has the conceived intention to deceive the misled party. Although the two concepts are not the same by the above underpinning factor of intent to deceive or without intent to deceive, both result in the same effect with regards to the contract in question, as the consent of the other party is not freely given, being induced by fraud or misrepresentation. By virtue of the provision of s. 14 of the Contracts Act, the agreement is a contract voidable at the instance of the misled party whose consent was not freely obtained but with the influence of fraud or misrepresentation. It then means that the misled party has the option to affirm or repudiate the contract.
format Book Chapter
author Arowosaiye, Yusuf Ibrahim
Masum, Ahmad
Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
author_facet Arowosaiye, Yusuf Ibrahim
Masum, Ahmad
Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
author_sort Arowosaiye, Yusuf Ibrahim
title Misrepresentation
title_short Misrepresentation
title_full Misrepresentation
title_fullStr Misrepresentation
title_full_unstemmed Misrepresentation
title_sort misrepresentation
publisher CLJ Malaysia Sdn Bhd
publishDate 2024
url http://irep.iium.edu.my/115758/1/115758_Misrepresentation.pdf
http://irep.iium.edu.my/115758/
https://www.cljlaw.com/store/product/contract-law-in-malaysia/
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score 13.22586