Fraud Bill [HL]

I am grateful to my noble friend Lord Clinton-Davis who makes a good point. However, it is not the only point. I say in answer to the noble and learned Lord, Lord Lyell, that it will be a question of fact in each case whether or not there was a legal duty to disclose. Undoubtedly in my view that legal duty could derive from a contract, which is not the same as saying whether it is enough that it arises in the context of a contract. So the question will be in each case, is there a legal duty to disclose? That could be a legal duty arising under a rule of law, a statute, an enactment, or it could arise out of a relationship, for example, a fiduciary relationship, but it could arise out of a contract as well. Indeed, that is why I gave the example of an oral contract that might require matters to be disclosed and, if they are not, then at least that is one of the conditions for the offence which is made out.