Date: Tue, 7 Oct 2008 09:55

From: Andrew Dickinson

Subject: Duty to Warn

 
Concealment involves a positive misrepresentation - Gordon v Selico Co Ltd and Another [1986] EGLR 71.  It is different from a mere failure to disclose, and is capable of supporting an action in deceit.

Andrew

-----Original Message-----
From: Anthony de Garr Robinson
Sent: 07 October 2008 09:25
To: 'Lewis KLAR'; michael furmston; John McCamus
Subject: RE: ODG: Duty to Warn

If there was no duty on the defendant to speak out, why should it make a difference to the defendant's liability if the defendant's non-disclosure (or concealment, if you want to call it that) was fraudulent?

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