Blaw barathi.docx - Question A Issue Michael dissatisfied and wanted to proceed with legal action against Akasha on the ground that he had been deceived

Blaw barathi.docx - Question A Issue Michael dissatisfied...

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Question A Issue : Michael dissatisfied and wanted to proceed with legal action against Akasha on the ground that he had been deceived by Akasha. Section: Under the Contract Act 1950, section 17(a), says that silence is not a fraud. According to this explanation silence is a fraud, mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech. Case: Vyramuthu v. State of Pahang (1924) In this agreement discussed whether a party to a contract was bound to disclose information which is likely to affect the other party’s willingness to enter into a contract. The defendant at an auction sold a piece of land to the plaintiff. It was sold at an undervalued price because the defendant mistakenly believed it to be undeveloped land. The defendant refused to continue with
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Unformatted text preview: the contract after realizing the mistake, and alleged that the plaintiff should not be allowed to gain any benefits out of the information that he knew but concealed from the defendant. It was held that the plaintiff was not bound to disclose the said information to the defendant. Held: Was held that the plaintiff was not bound to disclose the said information to the defendant. Application: Based on Michael issue is whether since Akasha is exclude from fraudulent mispresentation and it’s a fraudalization made Akasha so Michael have all the rights to bind the case against Akasha because Akasha know the cheque is not valid and should not use the cheque under ‘Datuk Akash’s’ name and he still lied to Michael. This case is under fraudulent. Conclusion: To conclude the case , this case is not valid because this case contain fraudulent between Michael and Akasha....
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