ICA Section 18: "Misrepresentation" defined
Indian Contract Act, 1872 · Chapter 2: Contracts, Voidable Contracts and Void Agreements
Read the chapter guide and take the quiz →
18. "Misrepresentation" defined . "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.
Official reference: India Code, Legislative Department — checked: 29 September 2026.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 10. What agreements are contracts
- 11. Who are competent to contract
- 12. What is a sound mind for the purposes of contracting
- 13. "Consent" defined
- 14. "Free consent" defined
- 15. "Coercion" defined
- 16. "Undue influence" defined
- 17. "Fraud" defined
- 19. Voidability of agreements without free consent
- 19A. Power to set aside contract induced by undue influence
- 20. Agreement void where both parties are under mistake as to matter of fact
- 21. Effect of mistakes as to law
- 22. Contract caused by mistake of one party as to matter of fact
- 23. What considerations and objects are lawful and what not
- 24. Agreement void, if considerations and objects unlawful in part
- 25. Agreement without consideration void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law
- 26. Agreement in restraint of marriage void
- 27. Agreement in restraint of trade void
- 28. Agreements in restraint of legal proceedings void
- 29. Agreements void for uncertainty
- 30. Agreements by way of wager void