Developing a Rational Law of Misleading Conduct

Abstract

This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will inform an innovative model for judicial and legislative law reform in Australia and overseas. This work will offer significant legal, economic and social benefits by promoting more just, effective and efficient regulation of misleading conduct.

Related publications (2)

Evolution and Revolution: The Remedial Smorgasbord for Misleading Conduct in Australia

Elise Bant, Jeannie Paterson

2020-01-01

In Australia, the revolutionary Trade Practices Act 1974 (Cth) introduced, in section 52, a simple and powerful prohibition on con..

Estoppel, Misleading Conduct and Equitable Fraud

Elise Bant, Jeannie Paterson

2019-01-01

The ancient doctrines of equitable fraud now cohabit an environment in which statute is a growing presence. The doctrines of estop..