Book Chapter

Misrepresentation, Misleading Conduct and Statue through the Lens of Form and Substance

Jeannie Paterson, Elise Bant

Form and Substance in the Law of Obligations | Hart Publishing | Published : 2019


Doctrines that provide various rights of redress for misrepresentation and misleading conduct hold a central place across the spectrum of commercial and consumer law, including in tort, contract, and equity, as well as pursuant to statutory schemes of regulation and redress. Strong reasons for the law’s interest in such behaviour are not difficult to find: parties who have been induced to enter into contracts on the basis of misleading conduct have not exercised genuine choice and a trader who attracts customers through misleading conduct distorts the market and harms other more truthful competitors.


Funding Acknowledgements

This chapter forms part of a broader project funded by an Australian Research Council Discovery Grant entitled 'Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution'. Our thanks go to Joseph Huntley and Gavin Rees for their helpful research assistance throughout the writing of this chapter.