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OverviewThis collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world. Contributors: Professor Elise Bant, Professor Jeannie Paterson, Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams. Full Product DetailsAuthor: Professor Elise Bant (The University of Western Australia) , Jeannie Marie Paterson (The University of Melbourne, Australia)Publisher: Bloomsbury Publishing PLC Imprint: Hart Publishing ISBN: 9781509942312ISBN 10: 1509942319 Pages: 424 Publication Date: 30 June 2022 Audience: College/higher education , Tertiary & Higher Education Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsPART I THEORY AND METHODOLOGY 1. Silence and the Regulation of Misleading Conduct: A Taxonomy Elise Bant and Jeannie Marie Paterson 2. Critical Pressure Points in the Regulation of Silence in Misleading Conduct Justice Andrew Phang 3. Misleading Silence under the Australian Consumer Law: Perspectives from Linguistics Luke Harding and Matthew Harding 4. Historical and Theoretical Perspectives on Silence and Deception in Private Law Michael Bryan PART II NORMATIVE FRAMEWORKS 5. The Norm against Misleading Conduct and Implications for the Regulation of ‘Misleading Silence’ Rick Bigwood 6. Good Faith, Cooperation and a Reasonable Expectation of Disclosure in Contract Performance Jeannie Marie Paterson 7. Affirmative Duties in Vitiated Consent Transactions Mindy Chen-Wishart and Anna Williams 8. Statutory Regulation of Misleading Silence: Insurance, Unfair Commercial Practices and Duties of Disclosure Hector MacQueen PART III DOCTRINE 9. Misleading Silence and Unjust Enrichment Elise Bant 10. Misleading Silence and Deceit John Cartwright 11. Misleading Silence in Mistake Catharine MacMillan 12. Estoppels by Silence Andrew Robertson 13. Silent Accessories Pauline Ridge PART IV REGULATORY CHALLENGES 14. Core Issues in the Regulation of Misleading Silence in Corporate Law Pamela Hanrahan 15. Misleading Silence as the Basis for Insider Trading Liability under the US Federal Securities Laws Donna Nagy 16. Informed Consent and Declining to Opt Out of Australian Federal Class Actions Simone DegelingReviewsJustice Edelman writes in his foreword that “[e]very reader of this book will learn from it”. With this perhaps-studied understatement, your reviewer respectfully agrees. -- Mat Campbell, University of Glasgow * The Edinburgh Law Review * Author InformationElise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School, The University of Melbourne. Jeannie Paterson is Professor of Law at Melbourne Law School, The University of Melbourne. Tab Content 6Author Website:Countries AvailableAll regions |
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