Multiple choice

Silent is fraudulent in the following cases

  1. if the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak

  2. where the circumstances are such that silence is in itself equivalent to speech

  3. both (1) and (2)

  4. none of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Silence becomes fraudulent when there's a legal duty to disclose (such as in fiduciary relationships or when parties are not at arm's length) OR when the circumstances make silence equivalent to speech (like when a person's conduct would naturally lead the other to believe the silent facts are true). Since both conditions independently make silence fraudulent, option C is correct.

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