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Fraud vs. Misrepresentation

Fraud differs from misrepresentation in the following respects
 

Fraud

Misrepresentation

A wrong representation is made willfully

A wrong representation is made innocently,

The intention is to deceive the other party

The intention is not to deceive the other party

The person making the wrong statement does not believe it to be true

The person making the wrong statement believes it to be true

The aggrieved party can claim damages

The aggrieved party cannot claim damages

 

Note: When a party to a contract commits fraud/misrepresentation, but the other party is not misled by such fraud or misrepresentation, the contract shall not be voidable.





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