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Nondisclosure does not give rise to a fraud claim unless the circumstances first give rise to a duty to disclose the information. Here, the appellant did not lack the opportunity, knowledge, and expert ability to determine the prior development of the West Ridge Prospect � to identify and clarify whether a "prospect" "developed" from knowledge from the dry hole was to be included in the contract � before he entered into the contract.
September 15, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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