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Litigation

Boston University School of Law

Duty to disclose

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Common Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kathryn Zeiler Jan 2005

Common Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kathryn Zeiler

Faculty Scholarship

Since ancient times, legal scholars have explored the vexing question of when and what a contracting party must disclose to her counterparty, even in the absence of explicit misleading statements. This fascination has culminated in a set of claims regarding which factors drive courts to impose disclosure duties on informed parties. Most of these claims are based on analysis of a small number of non-randomly selected cases and have not been tested systematically. This article represents the first attempt to systematically test a number of these claims using data coded from 466 case decisions spanning over a wide array of ...