Factors vitiating free consent (07.07.2020)

Q. “An attempt at deceit which does not deceive is not fraud”. Explain.

Answer Approach:

Introduction: Give a brief introduction with the help of Section 10, 17 and 19 of ICA.

• Main body: Explain with the help of different illustrations/case laws where the attempts to deceive did not actually deceive and thus the person could not be said to have been defrauded.

• Conclusion: Conclude by encapsulating the gist of the question in one line.

• Tip for students: These kind of questions do not have too much specific content in order to write a full-fledged long answer. Thus you will need to rely on multiple  illustrations as well as extended explanations in order to justify your answer with the marks allotted to the question.

Students please note: 

  • You need to upload your answers in the Comments section under the questions. Students are advised to upload clear photos of handwritten answers.
  • To maximise your benefit from this free answer writing exercise, try to read other students’ answers and jot down important pointers. This way you shall not only learn from the good aspects of others’ answers but also from their mistakes. You are encouraged to review each other’s answers for mutual benefit and help in building a supportive Law Optional Preparation Community.

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