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Consider the following statements with regard to "uberrima fides": (a) It falls within the class of…

Uberrima fides means utmost good faith. It is required in a special class of contracts, such as insurance, where one party alone knows the material facts and must disclose…

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Consider the following statements with regard to "uberrima fides":
(a) It falls within the class of cases which require utmost good faith
(b) Every contract is a contract "uberrima fides"
(c) Contract of insurance is an instance of "uberrima fides"
Of these statements:

Select one answer
Answer and explanation

Correct answer B

Uberrima fides means utmost good faith. It is required in a special class of contracts, such as insurance, where one party alone knows the material facts and must disclose them fully; statements (a) and (c) are therefore true. Statement (b) is false: ordinary contracts are not contracts uberrima fides, and under the Explanation to s.17 of the Indian Contract Act mere silence about facts is not fraud unless there is a duty to speak. So '(a) and (c) are true' is right, and every option that includes (b) is wrong.

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