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NeCede's

Maxim 1.5.38

To conceal is one thing, to be silent another.

Aliud est celare, aliud tacere.

Source: Jackson Difficulty 2/5 — Approachable

Explanation

Mere silence is not fraud, but active concealment is — the distinction between withholding information and affirmatively hiding it determines liability.

Where this applies

  • Someone is accused of fraud for staying silent about a defect in property they sold.
  • A party claims that not speaking up about a problem is the same as hiding it.

Legal domains

procedural

Cite this maxim

NeCede Max. 1.5.38 — To conceal is one thing, to be silent another. — Jackson (Aliud est celare, aliud tacere.)

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