The claim requires a duty to disclose arising from a fiduciary relationship, a partial disclosure requiring completion, superior knowledge in some jurisdictions, or active concealment. Silence without a duty is not actionable.
It also tolls limitations in many contexts.
Alternative Names:
Concealment|Active Concealment
Why it Matters?
Partial disclosure creating a misleading impression is the most reliable route to a duty, since a party that spoke must speak completely regardless of whether an independent disclosure obligation existed. That principle applies even in arm's length transactions where no fiduciary duty exists. Fraudulent concealment also tolls limitations where a defendant concealed the claim itself, which is a separate application from the substantive tort.
Frequently Confused with
Related terms
Frequently asked questions
What is the most reliable route to a disclosure duty?
How does concealment affect limitations?
