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This duty is subject to certain exceptions, as outlined in the Federal Rules of Civil Procedure; furthermore, the rules applicable in state courts vary from state to state. Pursuant to U.S. constitutional law, in what is known as Brady disclosure, a prosecutor has a duty to disclose material evidence that is favorable to a criminal defendant's ...
Lord Mansfield went on to hold that the duty was reciprocal and that if an insurer withheld material facts, the example cited being that an insured vessel had already arrived safely, the policyholder could declare the policy void and recover the premium. Lord Mansfield proceeded to qualify the duty of disclosure:
In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or disclosure of confidential information. In most jurisdictions, the duty is codified in the terms of legal professional rules, such as the Model Code of Professional Responsibility.
Japan also has a duty of disclosure. [26] [27] [28] Australia has abolished its duty of disclosure with regard to the results of documentary searches by, or on behalf of, foreign patent offices, except where: (a) normal exam was requested before April 22, 2007, (b) the foreign patent office search issued before April 22, 2007, and
The Consumer Insurance (Disclosure and Representations) Act 2012 (c.6) [1] is a UK Act of Parliament that makes important reforms to insurance law. The Act was a consequence of the Law Commission 's millennium review of the law of insurance that has been ongoing since 2006.
Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. [1]
In order to fall within the obligation for disclosure, the matter must meet three conditions: it must be legal authority, it must be directly adverse, and it must be from a controlling jurisdiction. [2] Legal authority. The matter for which disclosure is compelled must be a matter of decided law, rather than a mere opinion rendered by an academic.
Helene Curtis Industries, Inc. v. United States (160 Ct. Cl. 437, 312 F.2d 774 (1963) the superior knowledge doctrine gives the US government a duty of disclosure; Laidlaw v. Organ 15 U.S. 178 (1817), on caveat emptor; Obde v. Schlemeyer 56 Wash 2d 449, 353 P2d 672 (Supreme Court of Washington, 1960) termite infested house not revealed to buyers.