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Arpita is an owner of a factory producing umbrellas. She intends to sell this factory. Though, the…

The exception to Contract Act section 19 denies avoidance for the specified misrepresentation where ordinary diligence would reveal the truth. Bilal actually examined…

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Arpita is an owner of a factory producing umbrellas. She intends to sell this factory. Though, the production capacity of the factory is 400 umbrellas per day, Arpita leads Bilal to believe that the factory is producing 500 umbrellas per day. Bilal examines the accounts of the factory which are in consonance with its actual production capacity, and enters into a contract to buy the factory. Later, he challenges the agreement under the ground of misrepresentation under section 19 of the Indian Contract Act, 1872, which provides: “When consent to an agreement is caused by… misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. Exception—If such consent was caused by misrepresentation or by silence,… the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.” Which of the following statements is most accurate?

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Correct answer C

The exception to Contract Act section 19 denies avoidance for the specified misrepresentation where ordinary diligence would reveal the truth. Bilal actually examined accurate production accounts before contracting, bringing the transaction within that stated limitation. A distinct fraud claim or a different statutory ground would need its own supporting facts rather than follow automatically from the inaccurate production assertion.

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