Legal Profession

The Law of Misleading or Deceptive Conduct, 5th Edition

By Colin Lockhart
LexisNexis Australia November 2018

Specifications

ISBN-13
9780409347685
Publisher
LexisNexis Australia
Publication
November 2018
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

This book focuses exclusively on examining the scope of the prohibition, the consequences of its breach, the applicability of defences and the availability of remedies.

The Law of Misleading or Deceptive Conduct 5th edition focuses exclusively on examining the scope of the prohibition, the consequences of its breach, the applicability of defences and the availability of remedies. This singular focus allows for a detailed commentary on the legislation and lucid explanations of the enormous volume of case law. No other text provides an in depth treatment of the law concerning claims based on s 18 of the Australian Consumer Law and its equivalents. This book is indispensable for the commercial and corporate practitioner and allows the law student to delve deeper into this area.

 

Features

• Up to date commentary on developments in case law and legislation
• Multi-jurisdictional

Table of Contents

Part A: The Prohibition of Misleading or Deceptive Conduct

 

1. The Prohibitions Identified, Exempt Persons and Territorial Scope
2. ‘Conduct in Trade or Commerce’
3. ‘Misleading or Deceptive’: General Issues
4. Express Statements
5. Non-Disclosure
6. Implying Commercial Association

 

Part B: The Legal Consequences of Misleading or Deceptive Conduct

 

7. Remedies for Misleading or Deceptive Conduct: General Issues
8. Persons Liable for the Consequences of Misleading or Deceptive Conduct
9. Preventative, Corrective and Declaratory Orders
10. Loss or Damage ‘by’ Misleading or Deceptive Conduct: Causation
11. Compensatory Orders
12. Limitation Periods

About the Author

Colin Lockhart is recognised nationally as a leading authority on the law of misleading or deceptive conduct. He has experience acting as counsel in significant disputes, including expert determination and arbitrations, particulary in relation to energy and resources and infrastructure.

 

In addition to teaching contract law, intellectual property and competition law at the University of Western Australia (UWA) Colin has also lectured on misleading or deceptive conduct at UWA as well as International Commercial Arbitration and International Business Law at the UWA Graduate School of Management.

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