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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CLJ Malaysia Sdn Bhd
2024
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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/ |
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K Law (General) K600 Private Law |
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K Law (General) K600 Private Law Arowosaiye, Yusuf Ibrahim Masum, Ahmad Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan Misrepresentation |
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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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1818833709420249088 |
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13.22586 |