In which of the following examples would a court be least likely to find that nondisclosure has the same legal effect as an actual false assertion?
A) One of the parties to the contract is the other's doctor.
B) The contract involves a sale of a car with bad brakes.
C) Caroline fails to inform Vito of the recent outbreak of rust on her "rust-free" car that Vito had already agreed to purchase.
D) Despite the state's mandatory disclosure law, Vito fails to mention the mold in his basement.
E) Vito permits magazine orders to ship that are missing some pages.

Question

Quizplus · Accepted Answer

In the examples provided, nondisclosure typically has the same legal effect as a false assertion when there's a duty to disclose, such as in professional relationships (A), safety issues (B), or specific legal requirements (D). In the case of Caroline not informing Vito about the rust (C), it directly contradicts a previous assertion of being "rust-free." However, Vito permitting magazine orders to ship that are missing some pages (E) does not directly involve a safety issue, a professional duty to disclose, or a legal requirement, making it the scenario where a court would be least likely to equate nondisclosure with a false assertion.

In Which of the Following Examples Would a Court Be