A sells by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse’s…
The facts reproduce Contract Act section 17 illustration (a): silence about the horse’s unsoundness at this auction is not, by itself, fraud. The explanation distinguishes a…
Choose your answer
A sells by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse’s unsoundness. Which of the following is correct under the Indian Contract Act, 1872?
Answer and explanation
Correct answer A
The facts reproduce Contract Act section 17 illustration (a): silence about the horse’s unsoundness at this auction is not, by itself, fraud. The explanation distinguishes a duty to speak or silence equivalent to speech, which would change the result. No such additional relationship or statement is supplied here. Mere known unsoundness does not make the contract unlawful.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Maharashtra Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision