fraudulent concealment

fraudulent concealment
The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. The employment of artifice planned to prevent inquiry or escape investigation and to mislead or hinder the acquisition of information disclosing a right of action; acts relied on must be of an affirmative character and fraudulent. Fundunburks v. Michigan Mut. Liability Co., 63 Mich.App. 405, 234 N.W.2d 545, 547.
The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties; failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual "fraudulent concealment."
Fraudulent concealment justifying a rescission of a contract is the intentional concealment of some fact known to the party charged, which is material for the party injured to know to prevent being defrauded; the concealment of a fact which one is bound to disclose being the equivalent of an indirect representation that such fact does not exist.
See material fact

Black's law dictionary. . 1990.

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  • concealment — I noun camouflage, confinement, cover, deceitfulness, disappearance, disguise, disguisement, duplicity, evasion, furtiveness, hiding, incognito, inconspicuousness, invisibility, nonappearance, obfuscation, obscurity, obsuration, privacy,… …   Law dictionary

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