 | Archibald Hall Throckmorton - 1924 - 594 sider
...author supports that text by an extract from Lord Mansfield's decision in the leading case of Carter v. Boehm, 3 Burr. 1905 : "The special facts upon which...confidence that he does not keep back any circumstance in Tns knowledge to mislead the underwriter into a belief that the circumstance does not exist, and induce... | |
 | Victor Dover - 1924 - 414 sider
...party, the contract may be avoided by the other party. " Insurance is a contract upon speculation. The special facts upon which the contingent chance...computed lie most commonly in the knowledge of the assured only; the underwriter trusts to his representation, and proceeds upon confidence that he does... | |
 | 1896 - 1052 sider
...material facts in insurance to avoid the policy. He said: "Insurance Is a contract upon speculation. The special facts upon which the contingent chance Is to be computed He most commonly In the knowledge of the Insured only. The underwriter trusts to his representations,... | |
 | 1876 - 650 sider
...concealment happened through mistake, neglect or accident, without any fraudulent intention. . . . The special facts upon which the contingent chance is to be computed usually lie in the knowledge of the insured only, and the underwriter trusts to his representation... | |
 | 1904 - 428 sider
...describe fully the risk—Consequence of failure to do so. Insurance is a contract upon speculation. The special facts upon which the contingent chance...proceeds upon confidence that he does not keep back iany circumstances in his knowledge to mislead the underwriter into a belief that the circumstance... | |
 | Kim Lane Scheppele - 1988 - 392 sider
...disclosure in insurance law, this is precisely what Lord Mansfield wrote in his opinion. He indicated that "the special facts, upon which the contingent chance...lie most commonly in the knowledge of the insured only"32 and that therefore they have to be disclosed. But Lord Mansfield also wrote that "either party... | |
 | Malcolm Alistair Clarke - 1997 - 358 sider
...Insured In the landmark case on disclosure Lord Mansfield said: Insurance is a contract upon speculation. The special facts, upon which the contingent chance...of the insured only; the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge... | |
 | J. P. Van Niekerk - 1998 - 760 sider
...very wide duty of disclosure on the part of the insured: 'Insurance is a contract upon speculation. The special facts, upon which the contingent chance...of the insured only: the under-writer trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge,... | |
 | Susan Hodges - 1999 - 1013 sider
...principle in insurance transactions.32 Lord Mansfield: [p 1909] ...Insurance is a contract of speculation. The special facts upon which the contingent chance...of the insured only; the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstances in his knowledge,... | |
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Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that... 
