TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

DUTY SPEAK [1 record]

Record 1 2009-02-09

English

Subject field(s)
  • Law of Contracts (common law)
  • Insurance
DEF

A requirement (not strictly a duty) to say something to correct another's false impression.

CONT

A duty to speak may arise when a person has, during the course of negotiations, said something that was true at the time but that has ceased to be true before the contract is signed.

OBS

A duty to speak "does not arise without a confidential or fiduciary relationship between the parties generally; in a typical arms-length business relationship, absent one party's surrender of substantial control of his affairs to the other, there is no duty to disclose.

French

Domaine(s)
  • Droit des contrats (common law)
  • Assurances
CONT

L'obligation de parler est un principe général du droit. Il y a donc dérogation légale au profit des personnes qui sont tenues au secret professionnel.

Spanish

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