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Misleading Silence

Edited by: Elise Bant, Jeannie Paterson

ISBN13: 9781509942312
Published: June 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £49.99
Hardback edition , ISBN13 9781509929252



Despatched in 6 to 8 days.

This 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.

Subjects:
Contract Law, Equity and Trusts, Consumer Law, Restitution
Contents:
PART 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 Degeling