Swinton v - Whether or not the D had a duty to inform the P...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Swinton v. Whitinsville Sav. Bank Sup Ct of Mass (1942) J. Qua P 354 FACTS: D sold P a termite infested house. The d knew it had severe termite damage, but did not tell P, and the damage was not outwardly apparent. There was no evidence of falsehood and fiduciary relationship between the parties. P sued D for concealment. ISSUE:
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Whether or not the D had a duty to inform the P of the infestation. HELD: No. The court adopted a rule of nonliability for bare nondisclosure considering there was no fiduciary relationship between the parties and the infestation could have been discovered if the P had inspected for termites. RULE: See Holding....
View Full Document

This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

Ask a homework question - tutors are online