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" The reason of the rule, which obliges 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... "
Reports of Cases Argued and Adjudged in the Court of King's Bench: During ... - Página 3
por Great Britain. Court of King's Bench, James Burrow - 1812
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Allan Park - 1787 - 530 páginas
...prevent fraud, and entourage good faith : it is adapted to fuch facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reafon to fufpect. The queftion, therefore, muft always be, " Whether there was, under all the circumftances,...
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Decisions of the Court of sessions, from 1752 to (1808)

Faculty of Advocates (Scotland) - 1791
...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...
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Allan Park - 1799 - 570 páginas
...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,...
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A Practical Treatise Or Compendium of the Law of Marine Insurances

John Ilderton Burn - 1801 - 235 páginas
...fraud, and encourage good faith ; it Is adapted to fuoh facta as vary the' nature of the contract, which one privately knows, and the other is ignorant of, and has no reafon to fufpect. The queftion, therefore, muft always be — " Whether there waRi under " all the...
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New York Term Reports of Cases Argued and Determined in the ..., Volumen2

New York (State). Supreme Court, George Caines - 1805
...the contract. The question, therefore, must always be, whether under all the circumstances there was, at the time the policy was underwritten, a fair representation or a concealment, either designed and fraudulent ; or, though not designed, varying materially the object of the policy...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumen1

Great Britain. Court of King's Bench, John Prince Smith - 1806
...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 Lord ELLEN BOROCGI,...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 1250 páginas
...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...has no reason to suspect." The question, therefore, in cases of this kind is, " Whether there were, under all the circumstances, at the time the policy...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volumen5

Great Britain. Court of King's Bench, Sir James Burrow - 1812
...not deceive, is to prevent fraud and encourage good faith. . iii. 1911, I ¡I IS. 3dly. The question must always be, whether there was, under all the circumstances, at the time of tation ; or a concealment ; fraudulent if designed, or (though not designed) varying materially...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volumen1

New Jersey. Supreme Court - 1816
...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, he as» sumes upon himself...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volumen1

James Allan Park - 1817 - 727 páginas
...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...circumstances, at the time the policy was underwritten, a fair statement, or a concealment: fraudulent, if designed, or, though not designed, varying materially the...
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