| 单词 | Uberrimae fidei |
| 释义 | 完全坦率真誠 Lat – of the utmost good faith. Contract - The obligation of the promisee to communicate to the promisor every fact and circumstance which might influence the promisor’s decision whether or not to enter into the contract. Where only one of two parties know the material facts, a duty is imposed upon that party to disclose them to the other party: Greenwood v Greenwood (1863) 2 De G & Sm 28, 46 ER 285. Contracts for the sale of land are contracts uberrimae fidei, which constitute an exception to the general rule of no duty to disclose: Fortune Global Development Ltd v Shung Cheong Food Trading Ltd (HCA 1786/99, unreported). If a contract for the sale of land is not uberrimae fidei, rules of equity will avail a purchaser if there was a defect in title or encumbrance of which the vendor was aware, in such circumstances the vendor cannot rely upon conditions in the contract to prevent the purchaser from objecting to the title on the basis of the defect or encumbrance unless full and frank disclosure has been made of its existence: Lucky Health International Enterprise Ltd v Chi Kit Co Ltd & Anor [2000] 3 HKC 143 (CFA). See also Contract; Insurance; Misrepresentation. Insurance - The duty to disclose material facts, and the duty not to make fraudulent claims, which are required of both parties during the making of the insurance policy: Lambert v Co-operative Insurance Society Ltd [1975] 2 Lloyd’s Rep 485. In cases of insurance a party is required not only to state all matters within his knowledge, which he believes to be material to the question of the insurance, but all which in point of fact are so. If he conceals any thing that he knows to be material, it is a fraud; if he conceals anything that may influence the rate of premium which the underwriter may require, although he does not know that it would have that effect, such concealment entirely vitiates the policy: Dalglish v Jarvie (1850) 2 Mac & G 231. The duty of disclosure only includes those facts that are known to the insured, and not the other party. Where non-disclosure is alleged the onus of proof is upon the defendant to prove on a balance of probabilities that the facts not disclosed are material, that they are within the knowledge of the insured and that they are not communicated to the defendant: Lai Chui Kar Poa Helen v American International Assurance Co (Bermuda) Ltd [1985] 2 HKC 689. The proper test to decide what was material was that which would influence the mind of a prudent insurer: Lai Chui Kar Poa Helen v American International Assurance Co (Bermuda) Ltd, supra. See also Disclosure; Fraud. 拉丁語 – 絕對真誠。 |
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