Business law

Possibility of Undue Influence under certain cases  There is no possibility of undue influence b/w husband and wife  But it can arise in certain cases…..  Where an illiterate wife who could only sign mortgaged her properties to a creditor of her husband  It was held that she was under undue influence.

Possibility of Undue Influence under certain cases  There is no possibility of undue influence b/w husband and wife  But it can arise in certain cases…..  Where an illiterate wife who could only sign mortgaged her properties to a creditor of her husband  It was held that she was under undue influence.

 There is possibility for undue influence b/w persons engaged to marry

 The person who dominates others, can refuse his domination  But he should prove that the other person had independent mind set while entering into the contract.

Contract with pardah-nishin women (screened women like muslims) are presumed to be made of under undue influences unless the other party proves that,,, The terms were fully explained to her and she understood them.

Fraud or willful misrepresentation According to section 17 “fraud means, 1) False representation or declaration or active concealment 2) A promise made without any intention of performing it 3) Any other act fitted to deceive 4) Any such act or omission declared as fraud by law

Essential elements of fraud  There must be a false representation or declaration or active concealment. Peek vs Gurney  The non-disclosure of a document in the prospects issued by a company created a good impression among the public about its prosperity. It was held that non- Disclosure amounted to fraud

It must be related to fact and not to opinion It must have been made without belief in its truth, It must have been made with a view to induce the other party to act upon it The party must have been mislead and suffered a loss.