Which option states the test in the Explanation to Section 17 of the Indian Contract Act, 1872 for when…
Silence about a fact likely to affect willingness to contract is ordinarily insufficient for fraud. The Explanation to Section 17 makes an exception where the circumstances…
Choose your answer
Which option states the test in the Explanation to Section 17 of the Indian Contract Act, 1872 for when mere silence about a fact can amount to fraud?
Answer and explanation
Correct answer D
Silence about a fact likely to affect willingness to contract is ordinarily insufficient for fraud. The Explanation to Section 17 makes an exception where the circumstances create a duty to speak or where the silence is itself equivalent to speech.
Option feedback
Option A
Knowledge of a material fact alone does not bring silence within the exception.
Option B
An express question is unnecessary when a duty to speak exists or silence itself amounts to speech.
Option C
Changed circumstances alone are insufficient. A change may matter if it gives rise to a duty to disclose.
Option D
The Explanation identifies two alternatives, a duty to speak and silence that is itself equivalent to speech.
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