A Short and Happy Guide to Contracts (Short & Happy Guides) by David G Epstein & Bruce A Markell & Lawrence Ponoroff

Author:David G Epstein & Bruce A Markell & Lawrence Ponoroff [Epstein , David G]
Language: eng
Format: azw3
ISBN: 9781640207523
Publisher: West Academic Publishing
Published: 2019-03-17T16:00:00+00:00

3.Non-Disclosure/Concealment

Non-disclosure without concealment is generally irrelevant. A person making a contract is not required by contract law to tell the other person all that they know, even if they know that the other person lacks knowledge of certain facts.

And, so, Epstein has no contract law obligation to tell Markell that there is a hole in the floor his 1973 Cadillac when he sells the Cadillac to Markell. If, on the other hand, however, Epstein goes further and conceals the hole by placing a floor mat over it, his nondisclosure coupled with concealment is treated the same as a misrepresentation; that is to say, it is a defense to the enforcement of the agreement available to Markell.

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