Keyur Tripathi

Misrepresentation Section 18 defines misrepresentation as follows: Misrepresentation means and includes making a statement in a manner that is unwarranted by the information of the person making it, of that which is not true, though he believes it to be true. any breach of duty which, without an intention to deceive, gains an advantage to the person committing it or any one claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him. causing, however innocently, another party to commit a mistake as to the substance of the thing which is the subject of the agreement. Thus, when there is no intention to deceive but still a wrong statement has been made, or a duty has not been performed, or a mistake has been induced, it is misrepresentation. Unwarranted Statements Oceanic Steam Navigation vs Soonderdas Dharmasey 1980 - the defendants charted a ship from a company. The plaintiff had made a claim that the ship was not more than 2800 t