15.1k views
3 votes
If one party failed to disclose information when he had a duty to speak, does that automatically entitle the injured party to damages?

1 Answer

4 votes

Final answer:

In general, the failure to disclose information does not automatically entitle the injured party to damages, but there are certain situations where damages may be recoverable.

Step-by-step explanation:

In general, the failure to disclose information when there is a duty to speak does not automatically entitle the injured party to damages. However, there are certain situations where the injured party may be entitled to damages if the duty to speak exists and is violated. One example is in the context of fraud, where a party intentionally conceals material information to deceive another party. In such cases, the injured party may be able to recover damages.

For instance, if a seller of a used car fails to disclose that the car has been involved in a serious accident, and the buyer discovers this after the purchase, the buyer may have a legal claim for damages based on the seller's failure to disclose material information that the seller had a duty to disclose.

It is important to note that the specific circumstances of each case will determine whether the injured party is entitled to damages for a failure to disclose information.

User Oleg O
by
8.2k points