Concealment

— contracts, is the unlawful suppression of any fact or circumstance, by one of the parties toa contract, from the other, and which in justice ought to be made known. - _ Fraud clearly occurs when one person: substantially misrepresents or conceals a material fact peculiarly within his own knowledge, in consequence of which a delusion exists;

— or uses a device naturally calculated to lull the suspicions of a careful man, and induce him to forego inquiry into a matter upon which the other party has information although such information be not exclusively within his reach.

2 Bl. Com. 451; 3 Ib. 166; Sugd. Vend. 1 to 10; 1 Com. Contr. 38; 3 B.& C. 623; 5 D. & R. 490; 2 Wheat. 183; 11 Ib. 59; 1 Pet. Sup: C. R. 15, 16.

The party is not bound however to disclose patent defects. Sugd. Vend. 2 t, cealment which is only the effect of accident, negligence, inadvertence, or mistake, if material, is equally fatal to the contract as if it were intentional and fraudulent.

1 Bi. r ‘R. 594; 3 Burr. 1909.

Fraudulent concealment avoids _ the contract. See, generally, Verpl. on Contr. passim.; Marsh. Ins. B. l,c.

9.