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Section 238: Effect, on agreement, of misrepresentation or fraud by agent.

The Indian Contract Act, 1872Central Act · Act 9 of 1872

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 B's 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 B's 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 cosignor.

Where this provision sits

ActThe Indian Contract Act, 1872
Section238
Marginal noteEffect, on agreement, of misrepresentation or fraud by agent.
JurisdictionCentral
StatusIn force as published by the source

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