Modification of the duty generally

9.01 The duty to disclose material facts, whether it arises as a matter of law or contract, exists or is made whole by virtue of the contract which is entered into, and so the scope of the material facts to be revealed naturally may be defined or modified by the contract itself. For example, the policy may provide that the duty is discharged in specified instances1 or the policy may state that specific facts must have been disclosed.2 The parties may agree in their contract that the assured’s duty of disclosure may be enlarged,3 restricted4 or waived,5 or that the remedies for a non-disclosure or misrepresentation are varied from those available at common law or under a statute (such as by means of an innocent non-disclosure clause).6 Even in such cases of modification, the practice of the relevant market may assist