Q: What is section 17 of Indian Contract Act, 1872 ?
Ans: A false claim, active concealment, promise without the purpose to carry it out, any other deceptive act, or any act considered fraudulent are all included in Section 17 of the Indian Contract Act, 1872 as the list of activities that constitute fraud.
The Madras High Court while deciding on the case of Kopparthi Venkataratnam And Anr. vs. Palleti Sivaramudu And Anr (1939) has observed that when consent to an agreement is obtained through coercion, fraud, or misrepresentation, Section 19 states that the agreement is a voidable contract at the discretion of the person whose consent was obtained in such a manner. Even if such consent was obtained using fraudulent means, such as misrepresentation or silence, as defined under Section 17 of the Act of 1872, the contract is not voidable if the person whose consent was obtained had the ability to learn the facts with ordinary diligence.
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