TOPIC:-Misrepresentation by an agent

(Submitted Rough Draft in the Partial

Fulfillment of the Subject contracts )

SUBMITTED TO: -

SUBMITTED BY:-

Prof. VIJAY KUMAR VIMAL

SHEKHAR SINGH

Roll no. 1377

BA-LLB

INTRODUCTION:Effect, on agreement, of misrepresentation or fraud by agent.Misrepresentation made

or frauds committed, by agents acting in the course of their business for their principals,
have the same effect on agreements made by such agents as if such misrepresentations
or frauds had been made or committed by the principals; but misrepresentations made,
or frauds committed, by agents, in matters which do not fall within their authority, do
not affect their principals. Misrepresentation made or frauds committed, by agents
acting in the course of their business for their principals, have the same effect on
agreements made by such agents as if such misrepresentations or frauds had been made
or committed by the principals; but misrepresentations made, or frauds committed, by
agents, in matters which do not fall within their authority, do not affect their principals."
Illustrations

(a) A, being Bs agent for the sale of goods, induces C to buy them by a
misrepresentation, which he was not authorized by B to make. The contract is voidable,
as between B and C, at the option of C.
(b) A, the captain of Bs ship, signs bills of lading without having received on board the
goods mentioned therein. The bills of lading are void as between B and the pretended
consignor.

OBJECTIVES: To study basic concept of misrepresentation by an agent under the

Indian contract act , 1872
To study the essential conditions need to be fulfilled for misreprentation
by an agent
To discuss the relevant case laws
HYPOTHESIS : the author presumes that section 328 i.e is compatible with
the modern times and no changes are required .

RESEARCH METHODOLOGY: Doctrinal Method:-In this project, the researcher has relied on the
Doctrinal Method, which is primarily based upon books, news, articles
etc. A comprehensive study is made in order to arrive at analytical &
critical support of the arguments. The segments are structured and written
actively. The writing style is descriptive as well as analytical. This project
has been done after a thorough research based upon intrinsic and extrinsic
aspect of the assigned topic.

CHAPTERISATION:1.
2.
3.
4.
5.
6.

INTRODUCTION
HISTORICAL BACKGROUND
CONDITIONS FOR MISREPRENTATION
REMEDIES
CASE LAWS
CONCLUSION

BIBLIOGRAPHY:

INDIAN CONTRACT ACT by Dr. R.K Bangia : Central Law Agency