Misleading Silence

Author: Elise Bant; Jeannie Paterson
Publisher: Hart Publishing
ISBN: 9781509929252

Published In: October 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509942312

List Price: HKD 1,820.00

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Description
Contents

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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.

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