A sells a horse at auction to his daughter, who has just come of age. A knows that the horse is unsound…
Section 17 of the Indian Contract Act, 1872 generally excludes mere silence from fraud. Illustration (b) imposes a duty to tell the daughter who has just come of age that…
Choose your answer
A sells a horse at auction to his daughter, who has just come of age. A knows that the horse is unsound but does not tell her. Under the Indian Contract Act, 1872, how is this silence treated?
Answer and explanation
Correct answer A
Section 17 of the Indian Contract Act, 1872 generally excludes mere silence from fraud. Illustration (b) imposes a duty to tell the daughter who has just come of age that the horse is unsound. A knows of the defect and fails to disclose it in that relationship.
Option feedback
Option A
The relationship in illustration (b) creates a duty to speak.
Option B
The duty-to-disclose exception makes silence actionable under section 17.
Option C
A actually knows about the defect, so the offered premise of innocent belief is absent.
Option D
A knows the horse is unsound, so the two parties do not share a mistake.
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