As provided in section 39, of the Specific Relief Act, A the owner of a ship by fraudulently representing her to be seaworthy induces B an underwriter, to insure her ?
Correct answer: D. B may obtain the cancellation of the policy
- A. A may obtain the cancellation of the policy
- B. Non of These
- C. None of the above may obtain the cancellation of the policy
- D. B may obtain the cancellation of the policy
Explanation
The insurer, B, was induced by A’s fraudulent misrepresentation, so B may seek cancellation of the policy under section 39. The fraudster cannot use his own fraud as the basis for cancellation.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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