If the parties whose agreement was obtained through fraud or misrepresentation can avoid or accept the contract, but if they accept it, the contract cannot be contested. A mere expression of opinion is not a representation. Even the punishment of vital facts does not, in some cases, constitute a misrepresentation when the applicant, by his proper diligence, is able to discover the real facts. This law defines contracts as an agreement between two or more parties that is legally enforceable. It should therefore be noted that only agreements that can be legally enforced can be qualified as contracts. The agreement must meet certain essential conditions set out in section 10 of the Indian Contract Act to be enforceable. These conditions are, for example, when “A” gives 1000 rupees to “B” to kill “C”. There is an agreement between the parties, but no contract, because it is illegal. An agreement therefore constitutes a contract only if it meets the requirements set out in Section 10. There can be no definitive enumeration of facts which are essential to the treaty and which are not essential to the treaty.

The importance of the facts depends on the nature of the contract, which is in any case different. Overall, the courts have established certain facts essential to any agreement. They are as follows. For a valid contract to be maintained, it is essential to ensure the free consent of the parties. There is a concept of consensus ad idem which implies that the parties who conclude the contract must serve the same thing in the same sense. The agreement on the contractual conditions between the two parties should be on the same subject matter and on the same basis. The entire structure of contract law is based on the concept of consent, which is on the highest base during a contract. To validate the conclusion of a contract, the main element would be to obtain genuine and free consent from the parties. Therefore, the mere acquisition of consent is not enough, but consent must be obtained freely and voluntarily. In the case of fraud, it is important to note that the fraud committed has caused a certain loss. There can be no fraud if there is no damage.

Similarly, the statement made as fraud must be a fact and not an opinion. . . .