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nondisclosure

1. (or concealment) (in contract law) The failure by one party, during negotiations for a contract, to disclose to the other a fact known to him that would influence the other in deciding whether or not to enter into the contract. A full duty of disclosure exists only in the case of contracts *uberrimae fidei, which are usually contracts of insurance. If the person to be insured tells an untruth, the contract will (like any other) be voidable for *misrepresentation; if he also suppresses a material fact, it will be voidable for nondisclosure. In the case of other contracts, there is no general duty to volunteer information and mere silence cannot constitute misrepresentation. There is, however, a very limited duty of disclosure. A person who does volunteer information must not tell only a partial truth and must correct any statement that subsequently becomes to his knowledge untrue; breach of this duty will render the contract voidable for misrepresentation.
2. (in court procedure) Failure of a party to include a document that should have been disclosed in his list of documents for *discovery and inspection. The other party may seek an order for specific discovery of the document or an order requiring the party making discovery to verify his list of documents by *affidavit.

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