Question:medium

Principle : Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.
Facts : A sells to B (A‘s daughter who is a minor) a horse which A knows to be unsound. A says nothing to B about the unsoundness of the horse.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Updated On: Jul 15, 2026
  • A has committed fraud
  • A has committed no fraud
  • There cannot be a contract between a father and daughter
  • The daughter did not ask therefore the father did not tell, hence no fraud
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The Correct Option is B

Approach Solution - 1

Step 1: Understanding the Question:
We need to decide whether A's silence about the horse's unsoundness counts as fraud.

Step 2: Key Formula or Approach:
Apply the principle literally, mere silence about a fact affecting the decision to contract is not fraud, and check whether that is all A actually did.

Step 3: Detailed Explanation:
A knew the horse was unsound and said nothing to B about it. That is exactly mere silence as to a fact likely to affect the decision to enter into the contract, which the principle expressly rules out as fraud on its own. Nothing in the facts shows A did anything beyond staying quiet, there was no active false statement or misrepresentation, only silence. Applying the principle strictly to these facts leads to no fraud.

Step 4: Final Answer:
Since A's conduct was only silence, A has committed no fraud.
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Approach Solution -2

Work through this by eliminating the option that raises an unrelated legal question first, then the one that reaches the right result for the wrong reason, before settling between what remains.

  1. There cannot be a contract between a father and daughter: Eliminate this first, the principle says nothing about family relationships preventing a contract, it only addresses silence and fraud.
  2. The daughter did not ask therefore the father did not tell, hence no fraud: Eliminate this too, it lands on the correct conclusion but for a reason the principle does not rely on, the rule turns on the seller's silence, not on whether the buyer asked a question.
  3. A has committed fraud: Between the two remaining options, this one requires treating mere silence as fraud, which is exactly what the principle rules out.
  4. A has committed no fraud: Once the others are eliminated, this is what is left, and it fits, since A's conduct was nothing more than silence about the horse's condition.

Eliminating the irrelevant option and the one built on the wrong reasoning leaves the conclusion that follows directly from the principle's own wording.

Therefore, the correct answer is A has committed no fraud.

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