The dictum says:"Nor are we holding that ‘conduct' in such a context has necessarily to take the form of a positive acting; it is not difficult to conceive of possible situations in which a failure to give a warning, when one is necessary in order to avoid an unexpected danger, might be regarded as culpable and reckless … We express no view as to whether or not it would be possible in comparable circumstances to aver and establish in evidence a background giving rise to a positive duty of disclosure."