Non-disclosure

Trade Practices Act, s52

Peter Gillies

    Research output: Contribution to journalArticle

    Abstract

    Section 52 can impose liability on account of non-disclosure, or "silence". This liability is broader than that imposed at general law. This article examines the significant markers which chart this head of liability. Key issues include: the significance of silence per se in contrast to half-truths; whether non-disclosure in the context of pre-contractual negotiations is more or less significant than non-disclosure in other contexts; the role of the general law principles in applying Trade Practices Act 1974 (Cth), s 52 in this context; and whether the party sought to be made liable under s 52 on account of non-disclosure must be shown to have acted advertently.
    Original languageEnglish
    Pages (from-to)653-664
    Number of pages12
    JournalAustralian Law Journal
    Volume78
    Issue number10
    Publication statusPublished - 2004

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