Spencer-Bowyer's "Actionable Non-Disclosure" was published in 1915 and was the third of a remarkable series of classics the author wrote. After 70 years, many passages of the text have required drastic re-writing in view of the volume of case law by the co-authors, Turner and Sutton. There are however, considerable passages which still fully retain their original zest and value, and the authors have not attempted in these places, to re-write what Spencer-Bowyer said so well in his. The text falls into two very distinct halves, one on the duty of disclosure arising in the negotiation of contracts uberrimae fidei, the other on disclosure as between persons standing in relations of confidence, influence or advantage one to the other.
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Bloomsbury Publishing PLC
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Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-0-406-38180-4 (9780406381804)
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Schweitzer Klassifikation
"Part I: Introductory and general. General propositions and definitions. General propositions and definitions: disclosure. Definitions: materiality; inducement. Definitions: knowledge. Part II: The duty of disclosure in negotiations for certain contracts termed uberrimae fidei. Contracts uberrimae fidei: general. Contracts of insurance. Contracts for the sale of land. Contracts of suretyship. Releases, waivers and compromises. Contracts for partnership. Contracts to marry: separation deeds and agreements. Special cases: cases in which a duty of disclosure is imposed by circumstances. Affirmative answers available to the party charged. Relief and remedies. Part III: Concealment from courts, public authorities, and other third persons. Part IV: The duty of disclosure incidental to relations of confidence. Theory and policy. Trustees and agents. Company promoters and directors. Statutory prospectus requirements. Defences and relief. Part V: The duty of disclosure incidental to relations of influence and advantage. Undue influence. Particular relations of influence. Unfair advantage. Particular relations of advantage. Defences and relief."
