dénégation expresse de responsabilité

CONT: Ordinarily, mere silence or passive failure to disclose the truth are not actionable, however deceptive in fact. This rule not doubt reflects generally accepted ethics of the market place for parties dealing at arm's length; even if its tolerance has sometimes been put to the severest stress as when a seller of thyphoid-infected pigs successfully insisted that his failure to disclose the disease was neither fraud nor reason for disregarding an express disclaimer of all warranties.