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What is misrepresentation in contract law?

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Contracts rely heavily on trust. If one party to an agreement engages in fraudulent or deceptive behaviour, there’s a breach of trust. This is called misrepresentation. In the contract law of India , misrepresentation can render a contract voidable and entitle the other party to certain remedies. Let’s simplify this. Understanding Misrepresentation in Contract Law In contract law, misrepresentation is the false statement of facts purported by one party to another before or at the time of making the contract. The false statement causes the second party to enter into the contract. The important part is about the influence. If the false statement had a bearing on your decision to enter into a contract, it is a misrepresentation in Indian law. Categories of Misrepresentation in Indian Contract Law The different types of misrepresentation identified by the contract law of India include: ●        Innocent Misrepresentation: In case a person makes...

How to Choose the Right Business Structure: Sole Proprietorship vs LLP vs Private Limited

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Choosing an appropriate business structure can perhaps be one of the most important legal decisions to be made by an entrepreneur. Common constituents include Sole Proprietorship, LLP, and Private Limited Company. Each structure provides variable implications in the area of liability, taxation, compliance, and ownership. The size of the business, risk appetite, and long-term growth objectives may vary depending on the optimal structure, in terms of the principles of corporate governance and the interpretation of regulations applied in practice by corporate lawyers in India .   1.    Sole Proprietorship   A Sole Proprietorship is the most straightforward structure one can set up. The business belongs to and is run by one person. The business itself does not have a legal identity separate from the owner.   ●       Legal Status: The owner and the business are considered one and the same legal entity. All the assets and liabil...

Visitation Rights of NRI Parents in India

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When one parent is an NRI (Non-Resident Indian), it becomes emotionally and legally complicated for them to keep a positive bond with their child. Indian Law states that one of the child’s parent’s rights is to be loved and cared for by both parents, even if one is living abroad. When an Indian attorney is handling cross-border family disputes, he will emphasise that just because one parent is overseas, that will not lessen their right to visitation. Indian law dictates that with respect to visitation, the determining factor is the child’s best interests, not the parents. While the distance may modify the nature of the visits that can be arranged, it does not eliminate the right to access the child.   Legal Basis for Visitation Rights   In India, various personal and statutory laws govern visitation rights, such as:   ●        The Guardians and Wards Act, 1890 ●        The Hindu Minority and Guardia...

Legal Remedies for Financial Loss Due to Online Fraud

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The more digital banking and shopping options become available, the more online fraud plagues the Indian marketplace. Online Banking Fraud, as it is known, can lose customers’ money as a result of phishing, identity theft, fraudulent purchases and investments, and unauthorised UPI and card transactions. Indian cyber fraud law provides Online Banking Fraud victims with a variety of legal remedies, including a criminal remedy, a regulatory remedy, and a civil remedy. Cyber lawyers help the victims understand the legal justice system and the remedies available. Understanding Online Financial Fraud Online financial fraud is any deliberate act to defraud an individual through digital means, resulting in financial loss. The following are common forms of online financial fraud: ●        Social engineering via messages or emails ●        Bank phishing or e-banking fraud schemes or apps ●        ...

Passport and Travel Consent Issues in NRI Child Custody Cases

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Issues related to travel consent and passports do arise in child custody disputes with Non-Resident Indian (NRI) parents, and are critical within the context of the disputes. The mobility, security, and residence of the child are the components of the Indian judiciary`s concern. In child custody disputes, Indian lawyers take care to describe the sensitivity of the concerns. Cross-border child custody disputes and the direction of the child custody issue continue to raise child abduction and travel jurisdiction concerns.   Laws Related to Child Travel and Passport   In India, there are several pieces of legislation that govern child custody and travel permission, which include: ●        The 1890 Guardians and Wards Act ●        The 1956 Hindu Minority and Guardianship Act ●        The 1967 Passport Act ●        The 1984 Family Courts Act ...