Melbourne Law School - Research Publications

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Author: Bant, Elise × End date: 2020 × Start date: 2020 ×

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    Misleading Silence
    Bant, E ; Paterson, JM ; Bant, E ; Paterson, JM (Hart Publishing, 2020)
    This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world.
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    Coming Clean on Hand Sanitisers
    Jane, A ; Paterson, J ; Bant, E ; Rizzi, M ( 2020)
    Why clarifying the distinction between ’therapeutic’ and ‘cosmetic’ hand sanitisers could be critical in the fight against COVID-19.
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    Holding Corporations to Account
    Bant, E ( 2020)
    The slippery concept of corporate guilt too often allows companies off the hook. The law needs reforming.
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    Evolution and Revolution: The Remedial Smorgasbord for Misleading Conduct in Australia
    Bant, E ; Paterson, J (Florida International University, 2020)
    In Australia, the revolutionary Trade Practices Act 1974 (Cth) introduced, in section 52, a simple and powerful prohibition on conduct in trade or commerce that is “misleading or deceptive or likely to mislead or deceive.” The prohibition applies to business-to-business transactions as well as to those involving consumers and contains no requirement of fault on the part of the contravenor. Its purposes are explicitly instrumental: to protect consumers and promote fair business practices. The Act also introduced a veritable ‘smorgasbord’ of remedies for victims of misleading conduct that were equally revolutionary, granting to courts a wide-ranging remedial discretion to award relief that includes, for example, the power to vary contracts retroactively.
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    A Road Map to Decision Causation in Misleading Conduct and Failure to Disclose Cases
    Bant, E (Australian Lawyers Alliance Ltd, 2020)
    Statutory concepts of causation have been front and centre in a series of recent Federal Court and Supreme Court decisions addressing cases of misleading conduct. The statutes all provide compensatory remedies for loss or damage suffered ‘because of’, ‘by’ or ‘as a result of’ misleading conduct. A particularly difficult question is how a failure to disclose some fact or matter can cause a person to suffer loss or damage. How can a person rely on something that was not said?