Concealment, to the injury or prejudice of another. This must amount, in order to be deemed a fraud or to be a ground for rescission of the contract, to be suppression or non-disclosure of facts, which one, under the circumstances, is bound, both legally and equitably, to disclose to another, the latter having an undoubted right to be put in possession of such facts, as in the case of contracts of insurance. See Ionides v. Pender, (1874) LR 9 QB 531, as to marine insurance; and London Assurance Co. v. Mansel, (1879) 11 Ch D 363, as to life insurance, and as to contracts for the sale of land, see Flight v. Booth, 1 Bing NC 377; Terry v. White, 32 CD 29; and PROSPECTUS.
View Judgments Citing this Phrase