Non-disclosure: Trade Practices Act, s52

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.