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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.
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.
List 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 Marie Paterson is Professor of Law at Melbourne Law School.
Summary
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.
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.
Foreword
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.
