Laidlaw V. Organ - Holding

Holding

Chief Justice Marshall's unanimous opinion can be interpreted to state that withholding information that is calculated to deceive the other party can cause a contract to be void on equitable grounds. However, on the question of whether Organ had an obligation to disclose the information he had obtained about the end of the war, the opinion declares that "he court is of opinion that he was not bound to communicate it."

Marshall's opinion goes on to state that "t would be difficult to circumscribe the contrary doctrine within proper limits, where the means of intelligence are equally accessible to both parties. But at the same time, each party must take care not to say or do any thing tending to impose upon the other."

The case was remanded to the District court of Louisiana, with directions to award a Venire facias de novo. The court stated the question of equitable relief should have been submitted to a jury and that Laidlaw is entitled to a new trial. Chief Justice Marshall's opinion was brief, at approximately 120 words.

Read more about this topic:  Laidlaw V. Organ

Famous quotes containing the word holding:

    An inquiry about the attitude towards the release of so-called political prisoners. I should be very sorry to see the United States holding anyone in confinement on account of any opinion that that person might hold. It is a fundamental tenet of our institutions that people have a right to believe what they want to believe and hold such opinions as they want to hold without having to answer to anyone for their private opinion.
    Calvin Coolidge (1872–1933)

    Opera once was an important social instrument—especially in Italy. With Rossini and Verdi people were listening to opera together and having the same catharsis with the same story, the same moral dilemmas. They were holding hands in the darkness. That has gone. Now perhaps they are holding hands watching television.
    Luciano Berio (b. 1925)

    By 1879, seven churches of various denominations were holding services, which led the local Chronicle to comment, “All have but one religion and one God in common; it is the Crucified Carbonate.”
    —Administration in the State of Colo, U.S. public relief program (1935-1943)