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Misleading Silence


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This landmark publication draws on the expertise of leading scholars with rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives to explore the treatment of misleading silence in private law.

Table of 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

About the Author

Elise 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.

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