The basic difference between misrepresentation and fraud is that in fraud the person making the representation does not himself believe in the truth of the statement he is making whereas in situations of innocent misrepresentation the person making the statement may believe that what he is saying is true. This is due to the fact that the person making the statement is simply repeating what another person has asserted to be true. In cases of fraud, the person making the statement is a complete liar and is making the statement to deceive others to enter into a contract. However this is just the general rule.
Difference between fraud and misinterpretation :-
In misrepresentation the person making the false statement
believes it to be true. In fraud the false statement is person who knows that
it is false or he does not care to know whether it is true or false.
There is no intention to deceive the other party when there is
misrepresentation of fact. The very purpose of the fraud is to deceive the
other party to the contract.
Misrepresentation renders the contract voidable at the option of
the party whose consent was obtained by misrepresentation. In the case of fraud
the contract is voidable It also gives rise to an independent action in tort
for damages.
Misrepresentation is not an offence under Indian penal code and
hence not punishable. Fraud, In certain cases is a punishable offence under
Indian penal code.
Generally, silence is not fraud except where there is a duty to
speak or the relations between parties is fiduciary. Under no circumstances can
silence be considered as misrepresentation.
The party complaining of misrepresentation can’t avoid the
contract if he had the means to discover the truth with ordinary diligence. But
in the case of fraud, the party making a false statement cannot say that the
other party had the means to discover the truth with ordinary diligence.
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