# The Indian Contract Act, 1872, Section 18: "Misrepresentation" defined

- Act: The Indian Contract Act, 1872 (Act 9 of 1872)
- In force from: 1872-09-01
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/contract-act/section/18/

## Text

"Misrepresentation" means and includes— (1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent 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 any one claiming under him; (3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

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