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.
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Abstract
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 |
| 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 |
| Last Modified: | 09 Jun 2010 22:47 |
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