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  • mobinem@aol.com
    Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally
    Message 1 of 1 , Oct 30, 2007
      Silence can  only be  equated with  fraud where  there is  a
           legal or  moral duty  to speak  or  where  an  inquiry  left
           unanswered would be intentionally misleading.
       U.S. vs Prudden, 424 F. 2d 1021, U.S. vs Tweel, 550 F. 2d 297, 299-300.


                  "Fraud may be committed by failure to speak, but a duty to speak must be imposed."  Dunahay v. Struzik, 393 P.2d 930, 96 Ariz. 246 (1964).


                  "Fraud" may be committed by a failure to speak when the duty of speaking is imposed as much as by speaking falsely."  Batty v. Arizona State Dental Board,          112 P.2d 870, 57 Ariz. 239. (1941).


                  "When one conveys a false impression by disclosure of some facts and the concealment of others, such concealment is in effect a false representation that what is disclosed is the whole truth."  State v. Coddington, 662 P.2d 155, 135  Ariz. 480. ( Ariz. App. 1983).


                  "Suppression of a material fact which a party is bound in good faith to disclose  is equivalent to a false representation."  Leigh v. Loyd, 244 P.2d 356, 74  Ariz. 84. (1952).


                  "Fraud and deceit may arise from silence where there is a duty to speak the truth, as well as from speaking an untruth."  Morrison v. Acton , 198 P.2d 590, 68 Ariz. 27 ( Ariz. 1948).


                  "Damages will lie in proper case of negligent misrepresentation of failure to disclose."  Van Buren v. Pima Community College Dist. Bd., 546 P.2d 821, 113     Ariz. 85 (Ariz.1976).


                  "Where one under duty to disclose facts to another fails to do so, and other is injured thereby, an action in tort lies against party whose failure to perform his duty caused injury."  Regan v. First Nat. Bank, 101 P.2d 214, 55 Ariz. 320 ( Ariz. 1940).


                  "Where relation of trust or confidence exists between two parties so that one places peculiar reliance in trustworthiness of another, latter is under duty to make full and truthful disclosure of all material facts and is liable for misrepresentation or concealment."  Stewart v. Phoenix Nat. Bank, 64 P.2d 101, 49 Ariz. 34. ( Ariz. 1937).


                  "Concealing a material fact when there is duty to disclose may be actionable fraud."  Universal Inv. Co. v. Sahara Motor Inn, Inc., 619 P.2d 485, 127 Ariz.      213. ( Ariz. App. 1980).


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