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Misleading Silence (eBook)

Edited by: Elise Bant, Jeannie Paterson

ISBN13: 9781509929269
Published: October 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £49.49
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This collection brings together a team of outstanding scholars from across the common law to explore the treatment of misleading silence in private law doctrine and theory, embracing a comparative analysis. 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, common law and statutory principles and draws on theoretical, historical, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no competitor in the common law world.

Subjects:
Contract Law, Equity and Trusts, Consumer Law, Restitution, eBooks
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 Consen