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Deliberate Concealment



Silence With Regard to a Material Fact

Last updated: 06-Oct-2014

In HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2001] EWCA Civ 1250 Rix LJstated following general rule as to non-disclosure:

[48] The general rule is that mere non-disclosure does not constitute misrepresentation, and that in the absence of a duty to speak there can be no liability in fraud, however dishonest the silence. However, in certain circumstances a combination of silence together with a positive representation may itself create a misrepresentation. Such a situation may be called partial non-disclosure, and such cases may be explained as either instances of actual misrepresentation or as cases where a duty to speak arises because of matters already stated.

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