The Everyday Dictionary of Law

The Everyday Dictionary of Law provides legal vocabulary currently in use in common law jurisdictions such as most notably, in the United States. The dictionary is compiled specifically for commercial and intellectual property law practitioners, which provides simple definitions and meanings in American English, for legal terms (including Latin terms) used in formal correspondence, court proceedings, and motion practice as well as common language words that are frequently used in the same. It is a simple reference guide for attorneys, paralegals as well as casual readers who need to check the meaning of a particular legal term in due course of their work.

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Nondisclosure

Definition:

1. (concealment) (in contract law) The failure by one party, during negotiations for a contract, to disclose to the other a fact known to him that would influence the other in deciding whether or not to enter into the contract. A full duty of disclosure exists only in the case of contracts *uberrimae fidei, which are usually contracts of insurance. If the person to be insured tells an untruth, the contract will (like any other) be voidable formisrepresentation; if this person also suppresses a material fact, it will be voidable for nondisclosure. In the case of other contracts, there is no general duty to volunteer information and mere silence cannot constitute misrepresentation. There is, however, a very limited duty of disclosure. A person who does volunteer information must not tell only a partial truth and must correct any statement that subsequently becomes to his knowledge untrue; breach of this duty will render the contract voidable for misrepresentation. 2. (in court procedure) Failure of a party to include a document that should have been disclosed in his list of documents. The other party may seek an order for specific disclosure of the document or an order requiring the party making disclosure to verify his list of documents by affidavit