Misleading Silence

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 Paterson is Professor of Law at Melbourne Law School, The University of Melbourne.

Justice Edelman writes in his foreword that “[e]very reader of this book will learn from it”. With this perhaps-studied understatement, your reviewer respectfully agrees.

• PART ITHEORY AND METHODOLOGY1. Silence and the Regulation of Misleading Conduct: A Taxonomy Elise Bant and Jeannie Marie Paterson2. Critical Pressure Points in the Regulation of Silence in Misleading Conduct Justice Andrew Phang3. Misleading Silence under the Australian Consumer Law: Perspectives from Linguistics Luke Harding and Matthew Harding4. Historical and Theoretical Perspectives on Silence and Deception in Private Law Michael BryanPART IINORMATIVE FRAMEWORKS5. The Norm against Misleading Conduct and Implications for the Regulation of ‘Misleading Silence’ Rick Bigwood6. Good Faith, Cooperation and a Reasonable Expectation of Disclosure in Contract Performance Jeannie Marie Paterson7. Affirmative Duties in Vitiated Consent Transactions Mindy Chen-Wishart and Anna Williams8. Statutory Regulation of Misleading Silence: Insurance, Unfair Commercial Practices and Duties of Disclosure Hector MacQueenPART IIIDOCTRINE9. Misleading Silence and Unjust Enrichment Elise Bant10. Misleading Silence and Deceit John Cartwright11. Misleading Silence in Mistake Catharine MacMillan12. Estoppels by Silence Andrew Robertson13. Silent Accessories Pauline RidgePART IVREGULATORY CHALLENGES14. Core Issues in the Regulation of Misleading Silence in Corporate Law Pamela Hanrahan15. Misleading Silence as the Basis for Insider Trading Liability under the US Federal Securities Laws Donna Nagy16. Informed Consent and Declining to Opt Out of Australian Federal Class Actions Simone Degeling