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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|Item Type:||Journal Article|
|Keywords:||Trade Practices, silence, land transactions|
|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|
|Last Modified:||09 Jun 2010 22:47|
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