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Same book as ISBN: 9781845925130
Spencer-Bowyer's Actionable Non-Disclosure was published in 1915 and was the third of a remarkable series of classics the author wrote.
There has never been a second edition of this book and after 70 years, many passages of the text have required drastic re-writing in view of the volume of case law by the co-authors Turner and Sutton.
There are however, considerable passages which still fully retain their original zest and value, and the authors have not attempted in these places, to re-write in their own words what Spencer-Bowyer said so well in his. One of the main difficulties has been the fact the material included in this work is not readily classifiable as all belonging to one subject.
The text as a second edition gives recognitions to these differences and falls into two very distinct halves, one on the duty of disclosure arising in the negotiation of contracts uberrimae fidei, the other on disclosure as between persons standing in relations of confidence, influence or advantage one to the other.
These two classes of duties of 'non-disclosure' exhibit many dissimilarities, and the question arises, how did these two topics ever come to be dealt with in one book? The answer is a historical one; Spencer Bowyer put them both into one book, and this volume is a new edition of that work.