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KembaraXtra – Legal Terms – Non-Disclosure
Non-disclosure refers to the failure of one party to reveal important information to another party when there is a legal duty to disclose it.
In contract law, non-disclosure commonly arises during negotiations where one party withholds facts that could influence the other party’s decision to enter into the contract.
A full duty of disclosure exists mainly in contracts requiring utmost good faith, such as insurance contracts, where failure to disclose material facts can make the contract voidable.
In ordinary contracts, however, there is generally no duty to volunteer information, and mere silence usually does not amount to misrepresentation.
In civil litigation, non-disclosure can also refer to a party’s failure to disclose relevant documents during legal proceedings, in which case the court may order specific disclosure under the Civil Procedure Rules.
Non-disclosure refers to the failure of one party to reveal important information to another party when there is a legal duty to disclose it.
In contract law, non-disclosure commonly arises during negotiations where one party withholds facts that could influence the other party’s decision to enter into the contract.
A full duty of disclosure exists mainly in contracts requiring utmost good faith, such as insurance contracts, where failure to disclose material facts can make the contract voidable.
In ordinary contracts, however, there is generally no duty to volunteer information, and mere silence usually does not amount to misrepresentation.
In civil litigation, non-disclosure can also refer to a party’s failure to disclose relevant documents during legal proceedings, in which case the court may order specific disclosure under the Civil Procedure Rules.
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