Misleading silence / edited by Elise Bant and Jeannie Paterson.

Format:

Book

Contributor:

Bant, Elise, editor.

Paterson, Jeannie Marie, editor.

Language:

English

Subjects (All):

Silence (Law).

Consent (Law).

Deception.

Physical Description:

1 online resource (425 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020.

Summary:

"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 equivalent in the common law world. Contributors: 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"-- Provided by publisher.

Contents:

Silence and the regulation of misleading conduct : a taxonomy / Elise Bant and Jeannie Marie Paterson

Critical pressure points in the regulation of silence in misleading conduct / Justice Andrew Phang

Misleading silence under the Australian consumer law : perspectives from linguistics / Luke Harding and Matthew Harding

Historical and theoretical perspectives on silence and deception in private law / Michael Bryan

The norm against misleading conduct and implications for the regulation of 'misleading silence' / Rick Bigwood

Good faith, cooperation and a reasonable expectation of disclosure in contract performance / Jeannie Marie Paterson

Affirmative duties in vitiated consent transactions / Mindy Chen-Wishart and Anna Williams

Misleading silence and unjust enrichment / Elise Bant

Misleading silence and deceit / John Cartwright

Misleading silence in mistake / Catharine MacMillan

Estoppels by silence / Andrew Robertson

Silent accessories / Pauline Ridge

Core issues in the regulation of misleading silence in corporate law / Pamela Hanrahan

Misleading silence as the basis for insider trading liability under the US federal securities laws / Donna Nagy

Informed consent and declining to opt out of Australian federal class actions / Simone Degeling.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509929276

1509929274

9781509929269

1509929266

9781509929283

1509929282

OCLC:

1202451458