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Part II Grounds, 5 Non-Disclosure

Dominic O’Sullivan

From: The Law of Rescission (3rd Edition)

Dominic O'Sullivan KC, Steven Elliott KC, Rafal Zakrzewski

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 April 2024

Illegality and contract — Termination/unwinding of contract — Validity of contract — Contracts and insurance

This chapter explores the act of non-disclosure, wherein a contract could be rescinded under the terms of a party failing to disclose material facts to the other party prior to the conclusion of their agreement. It starts with how particular disclosures should be bargained for during the negotiations, according to the general rule. The chapter also emphasises that silence would not be a ground for rescission due to non-disclosure. It considers the exceptional cases where non-disclosure allows rescission. Some transactions which require disclosure include insurance, guarantees, suretyship, prospective partnerships, compromises, and sales of land. Meanwhile, fiduciary relationships, family arrangements, and relationships of trust and confidence correlate to relations that need disclosure.

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