In Progress
Lesson 1, Topic 77
In Progress

Failing to Disclose Information {s3}

Under section 3 of the Act, a person is guilty of an offence if they fail to disclose information that they are legally required to disclose with the intention to gain for themselves or cause a loss for someone else with that omission.

In this situation, there may be some overlap with the concept of false representation through silence, as discussed in s2 above. However, this is a much narrower offence because of the need for a legal duty.

Some examples of situations where a defendant may be found to be in breach of this section include:

Failing to disclose information for an insurance contract (e.g., pre-existing medical conditions for health or travel insurance)
Failing to disclose under obligations that arise from a fiduciary relationship between two parties (e.g., trustee/beneficiary or solicitor/client)

It is important to note that moral duties to disclose, e.g., situations where there is potential for financial exploitation such as in commercial transactions, are not covered under this section.