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Mere silence is not fraud. a contracting party is not obliged to disclose each and everything to the other party. There are two exceptions where even mere silence may be fraud, one is where there is a duty to speak, then keeping silence is fraud. or when silence is in itself equivalent to speech, such silence is fraud. 4.
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
There is no general duty of disclosure in English contract law, and one is normally not obliged to say anything. [19] Ordinary contracts do not require "good faith" as such, [20] and mere compliance with the law is sufficient. However in particular relationships silence may form the basis of an actionable misrepresentation: [21] [22]
Salinas v. Texas (2013), a plurality opinion, held that mere silence during prearrest interrogations is inadequate to establish invocation of the right to remain silent, if the defendant has already chosen to speak. Specifically, if the defendant has elected to speak to police and then suddenly stops when confronted with inculpatory evidence ...
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
In an eleventh-hour reversal, former President Donald Trump announced Sunday he will not go back on the witness stand in the $250 million civil fraud trial against him and his company.
Card-not-present fraud typically results in a loss for the merchant, unlike card-present fraud, where the credit card issuer bears the loss. This can have a significant impact on the merchant’s ...
A group of Tesla shareholders suing CEO Elon Musk over some 2018 tweets about taking the company private is asking a federal judge to order Musk to stop commenting on the case. Lawyers for ...