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Fraud And Non Est Factum

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FRAUD AND NON EST FACTUM FACTS: Mrs. Wood (the plaintiff) and her son Kim (the defendant) lived in a flat owned by Mrs. Wood. Defendant was unemployed and wanted to have ownership of the flat. He, in order to do so introduced his friend as a willing paying guest of the house and plaintiff signed the papers of transferring the flat’s ownership to defendant, believing them to be an agreement with his friend to stay as a paying guest. After some time when defendant tried to sell the flat, the plaintiff challenged the fact that flat to be gifted away to him. INTRODUCTION: The case is about the misrepresented facts by son, Km that led to a contract between him and his mother about the ownership of their flat. The contention here is that whether the transfer of ownership to son was valid or not and can Mrs. Wood avoid the sale. If yes, then on which grounds? ISSUE: 1. Can non est. factum be a valid defense for nullifying a contract signed under fraudulent misrepresentation? 2. What is the extent of proof and substantiating enough for establishing claim for fraud? 3. What is the criteria of free consent and its importance in contract formation? 4. What is the position of a party who is kept under a unilateral mistake in contract? 5. What will be the consequences when in a voidable contract party exercises its option and avoids the contract? ARGUMENTS FOR PLAINTIFF: Free consent: Not only consent but free consent is declared to be necessary for formation of

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