 | Sir James Allan Park - Bottomry and respondentia - 1787 - 660 pages
...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,... | |
 | Faculty of Advocates (Scotland) - 1791 - 416 pages
...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... | |
 | Sir James Allan Park - Bottomry - 1799 - 664 pages
...fraud, and encourage good faith ; it is adapted to fuch faŁts as vary the nature of the contraŁt, 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,... | |
 | John Ilderton Burn - Insurance law - 1801 - 266 pages
...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... | |
 | New York (State). Supreme Court, George Caines - Law reports, digests, etc - 1805 - 430 pages
...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... | |
 | Great Britain. Court of King's Bench, John Prince Smith - Law - 1806 - 614 pages
...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,... | |
 | William Selwyn - Nisi prius - 1812 - 732 pages
...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... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 446 pages
...not deceive, is to prevent fraud and encourage good faith. . iii. 1911, I ˇI 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... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1816 - 540 pages
...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... | |
 | James Allan Park - Bottomry and respondentia - 1817 - 848 pages
...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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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... 
