Disclamation

In Scotch law

Disavowal of tenure; denial that one holds lands of another. Bell, Diet.; Skene de Verb. Sign. DISCLOSE: DISCLOSURE. To disclose an offense, is not to state it or confess to it; but tc make the offense known for the first time.

28 L. J. M. C. 91.

To "disclose a defense upon the merits," means not merely to say there is a defense, but to show what the nature of it is; 27 L. J. C. p. 305; 25 L. J. Ex. 27; opening out and letting the judge see whether there really is a defense upon the merits.

93 Eng. C. L. 663.

The obligation to disclose arises in various ways. Where the parties to a contract stand in some pre-existing relationship to one another of a fiduciary character, full disclosure is required. Fry Specif.

Perf. § 706.

The obligation may arise from an antecedent wrong done by the one party to the other. Fry Specif.

Perf. § 707.

Sometimes the obligation to disclose arises from the character of the contract itself, where its nature demands a full disclosure of all material facts; such as contracts for marine insurance and partnership. In such cases silence may be fraud. Fry Specif.

Perf, § 708.

In the case of a contract for the sale of a chattel having a latent defect, there exists an obligation to disclose the same. Fry Specif.

Perf. § 708.

There are obligations to disclosure which arise from the contract itself; such as the duty of the vendor of land to honestly disclose his title. Sometimes the obligation to disclose arises from the course of the negotiations, and where an incomplete or imperfect disclosure has been made, a full disclosure is necessary, as an imperfect statement may be a perfect untruth. Fry Specif.

Perf. §§ 709- 714.