Indian Contract Act, 1872
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 and 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.