I think that it must in every case depend upon the nature of the transaction, whether the fact not disclosed is such, that it is impliedly represente… - Colin Blackburn, Baron Blackburn

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I think that it must in every case depend upon the nature of the transaction, whether the fact not disclosed is such, that it is impliedly represented not to exist; and that must generally be a question of fact proper for a jury.

English
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About Colin Blackburn, Baron Blackburn

Colin Blackburn, Baron Blackburn (1813 – 8 January 1896) was a Scottish judge who sat in the English courts, became a Law Lord and is remembered as one of the greatest exponents of the common law.

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Additional quotes by Colin Blackburn, Baron Blackburn

Whenever there is a real likelihood that the Judge would, from kindred or any other cause, have a bias in favour of one of the parties, it would be very wrong in him to act, and we are not to be understood to say that where there is a real bias of this sort this Court would not interfere.

The rule of our law is that the immediate cause, the causa proxima, and not the remote cause, is to be looked at: for, as Lord Bacon says: "It were infinite for the law to judge the causes of causes and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree."

The phrase "contempt of court" often misleads persons not lawyers, and causes them to misapprehend its meaning, and to suppose that a proceeding for contempt of court amounts to some process taken for the purpose of vindicating the personal dignity of the Judges, and protecting them from personal insults as individuals. Very often it happens that contempt is committed by a personal attack on a Judge or an insult offered to him; but as far as their dignity as individuals is concerned, it is of very subordinate importance compared with the vindication of the dignity of the Court itself; and there would be scarcely a case, I think, in which any Judge would consider that, as far as his personal dignity goes, it would be worth while to take any steps.

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