Business Law a Text book for Schools And Colleges

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84 CONTRACTS But the court held that "good tenant" means one who pays his rent, and refused to execute the contract.
17. Misrepresentation by Failure to disclose Material Facts. Not only may a contract be set aside for an actual misrepresentation about a material fact, but in some instances by a failure to disclose some hidden fact. There are some kinds of contracts in which one is legally bound to disclose all material information, and a failure to do so is in itself a misrepresentation. Perha
...ps the most common of these classes are contracts of insurance and for sales of land. As all who have been examined for life insurance know, the applicant is expected to tell all about his previous ailments. If you have a scrofulous tendency and fail to inform the examining physician, or if you have had a certain dis- ease which you forget to mention, you are liable to lose the benefits of the contract. You have been guilty of a misrepresentation. It is customary for insurance com- panies, however, to provide in their policies that, after a certain term of years, usually two or three, the validity of the contract shall not be questioned on account of misstatements contained in the application.

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