View Single Post
  #127  
Old 08-05-2012, 06:40 PM
Peter_Spaeth's Avatar
Peter_Spaeth Peter_Spaeth is offline
Peter Spaeth
Member
 
Join Date: Apr 2009
Posts: 33,682
Default

Quote:
Originally Posted by David R View Post
Thankfully I don't believe the law shares or recognizes that definition of deception when it comes to third-party business transactions. I think it would really create a lot of mischief (and lawsuits) if that were the law. For example, what if I later decided to destroy the other 9 Wagners after selling the first one? Would it still have been deceptive to not disclose I had the other 9 when I sold the first one? What if I decided to keep the other 9? Do I have to disclose when I sell the first one that I have 9 more that I plan to keep until I die? And if so, do I also have to disclose at that point what my life expectancy is so that the potential buyers can figure out when these 9 are likely to hit the market (i.e, when I will likely die and my family will sell them)? Where does the duty to disclose end?
As Robert Bork said, and Justice Ginsburg quoted in her recent Obamacare dissent, just because there is a slippery slope, you don't need to ski to the bottom of it.