93.
The answer is: D
Explanation
The correct option is D: All of the above.
According to the Indian Contract Act, 1872, when a misrepresentation has been made, the aggrieved party has the following alternative courses open to him:
He can avoid or rescind the contract. This means that he can cancel the contract and restore the parties to their original positions, as if the contract never existed. This is also known as the remedy of rescission. However, this remedy is subject to certain conditions and limitations, such as lapse of time, affirmation of contract, impossibility of restitution, intervention of third party rights, etc.
He can affirm the contract and insist on the misrepresentation being made good. This means that he can choose to continue with the contract and claim damages for the loss suffered due to the misrepresentation. This is also known as the remedy of damages. However, this remedy is available only in cases of fraudulent or negligent misrepresentation, not innocent misrepresentation.
He can rely on upon the misrepresentation as a defence to an action on the contract. This means that he can use the misrepresentation as a ground to resist the enforcement of the contract by the other party. This is also known as the remedy of estoppel. However, this remedy is available only when the misrepresentation is material and induces the consent of the aggrieved party.