FREE CONSENT: Consent is said to be free when it is not caused by: 1.Coercion, a
ID: 1232294 • Letter: F
Question
FREE CONSENT:Consent is said to be free when it is not caused by:
1.Coercion, as defined in section 15, or2.Undue influence, as defined in section 16, or3.Fraud, as defined in section 17, or4.Misrepresentation, as defined in section 18, or5.Mistake subject to the provisions of sections 20, 21, and 22.
THE CASE:
The claimant (Mr. Sajid) purchased a piece of land for the purpose of sowing crops. He asked the seller (Mr. Naeem) how much wheat the land would produce. Mr. Naeem told that the land produces 5000 kg of wheat per acre. Mr. Naeem believes it to be true. In reliance of this statement, Mr. Sajid purchased the land. Later, it appears that the land produces only 2000 kg of wheat per acre.
Discussion Questions:
1.The above case is an example of Misrepresentation. Do you agree or not? Provide justifications.2.What remedies are available to the aggrieved party (Mr. Sajid)?
Explanation / Answer
The above case does not appear to be a case of misrepresentation. Mr. Naeem can report how much wheat the land has produced in the past, but he cannot know how much it will produce in the future. Future production of wheat is determined by a variety of factors, some of them controlled by Mr. Sajid. If there is evidence that Mr. Naeem misrepresented reports of past production, then this is a case of misrepresentation and Mr. Sajid may be entitled to compensation for fraud. However, no information is given in the question that would pertain to this. If Mr. Sajid can show that Mr. Naeem misrepresented any facts about the land (size, past production, etc), then the remedy would be for Mr. Naeem to pay Mr. Sajid the market value of 3000 kg of wheat. However, if no facts were misrepresented, then Mr. Sajid is not entitled to any compensatory damages. If you buy a field of wheat and don't take care of it, it is not the previous owners fault that the yield falls.
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