When Dr Jekyll Turns out to be Mr Hyde – The Undisclosed Principal to a Land Contract and Section 52

Stickley, Amanda P. (1998) When Dr Jekyll Turns out to be Mr Hyde – The Undisclosed Principal to a Land Contract and Section 52. Trade Practices Law Journal, 6(1), pp. 19-32.


The action for misleading or deceptive conduct is increasing in its application with the development that silence may amount to a breach of s 52 Trade Practices Act 1974 (Cth). The use of an agent is common practice in commercial transactions, and in some situations a party will be an undisclosed principal to avoid having their true identity revealed. This is accepted under the common law as a recognised category of agency. However, under the provisions of the legislation, it would appear possible that a corporation as an undisclosed principal to a contract, may be engaged in misleading or deceptive conduct. This paper intends to focus on the use of the undisclosed agency in land transactions.

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ID Code: 10279
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Trade Practices, silence, land transactions
ISSN: 1039-3277
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 1998 Thomson Legal & Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 22 Oct 2007 00:00
Last Modified: 09 Jun 2010 12:47

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