Investigating the Jurisprudence and Legal Analysis of Deception Role in Contracts

  •  Parvaneh Zarei    
  •  Seyed Mohammad Moosavi Bojnoordi    


Contracts usually comes from agreement to those who are in harmony with the will and desires and in this economic interaction each party seeks to obtain his profits and interests and another forced or convinced to go with it. This way finally results in justice between the parties and hence the agreement as the best and most equitable means of exchange of goods and the distribution of wealth are established between two sides. However sometimes parties will not form in the open environment but a deception in the atmosphere caused by the use of deception and fraudulent practices methods to impose their will and the other party forced to the contract know that the fact is not refused to accept, or at least accept it with such situations. To condemn such behavior it is not enough that can only be committed morally to blame because the use of deception means to hide the faulty product which may cheated person bear the material or spiritual losses. Since jurisprudence knowledge is responsible for the expression of practical laws and ordinances principles and to deal with problems arising from fraudulent contract. Dealings in public life offer religious and legal solutions and this is not possible except with great scientific efforts in the field of jurisprudence. Deceiver responsibility is examples of un-arbitrary civil liability. Scholars have analyzed the deceiver’s liability and responsibility in detail to rule deceiver (Deceit) has been invoked. So that wherever deceit and pride to be true in taking responsibility for the spiritual and material elements no deceiver can be cited and compensation that pride has suffered through fraud and deceit pride demanded. Once a deceiver can be no liability for (Deceit) and the following conditions must be present:

1) beguiling act 2) prejudicing 3) sedative’s knowledge and seduced unknowing 4) element of deception 5) deceived dissatisfaction

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