 | Sir James Allan Park - 1787 - 660 pages
...obliges parties to difclofe, is te prevent fraud, and entourage good faith : it is adapted to fuch facts as vary the nature of the contract, which one privately...queftion, therefore, muft always be, " Whether there was, under all the circumftances, at the time the policy was underwritten, a fair ilatement, or a concealment... | |
 | Faculty of Advocates (Scotland) - 1791 - 416 pages
...to encourage good faith. It is adapted to fuch ' fads as vary the nature of the contrad, which the one privately ' knows, and the other is ignorant of, and has no reafon to fufped. * The queftion, therefore, muft always be, " Whether there was, ** under all the circumftances,... | |
 | Sir James Allan Park - 1799 - 664 pages
...fraud, and encourage good faith ; it is adapted to fuch fa£ts as vary the nature of the contra£t, which one privately knows, and the other is ignorant of, and has no reafon to fufpefh The queftion, therefore, muft always be, " Whether there was, under all the circumitances,... | |
 | Great Britain. Court of King's Bench, John Prince Smith - 1806 - 614 pages
...obliges the parly to disclose, is to prevent fraud and encourage good faith : it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect." The cyiestion, therefore, has always been, wheiso*. The cause was now tried before... | |
 | James Allan Park - 1809 - 924 pages
...the parties to difclofe, is to prevent fraud, and encourage good faith, it is adapted to fuch facts as vary the nature of the contract, which one privately...and the other is ignorant of, and has no reafon to fufpecl. The queftion, therefore, muft always be, " Whether there was, under all the circumftances,... | |
 | William Selwyn - 1812 - 732 pages
...the party to disclose*, is to prevent fraud, and encourage good faith; it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect." The question, therefore, in cases of this kind is, " Whether there were, under... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 648 pages
...fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the cootract ; which one privately knows, and the other is ignorant of, and has no reason to suspect. The question therefore must always be " whether there was, under all the circumstances... | |
 | New Jersey. Supreme Court - 1816 - 540 pages
...same fact. But in the same case Lord Mansfield says, that parties are obliged to disclose " such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect.'* Where a party makes a representation, and asserts a fact as actually existing,... | |
 | James Allan Park - 1817 - 848 pages
...the parties to disclose, is to prevent fraud, and encourage good faith, it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect. The question, therefore, must always be, " Whether there was, under all the circumstances,... | |
 | William Selwyn - 1820 - 830 pages
...the party to disclose*, is to prevent fraud, and encourage good faith : it is adapted to such facts as vary the nature of the contract, which one privately knows, and tiir. other is ignorant of, x Bridges and other§ v. Hunter, 1 M Ld. Ellenborougfa, CJ delivering and... | |
| |
The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect. 
