Undisclosed unusual and unexpected matters - liability issues under s52 of the Trades Practices Act

O'Shea, Kathryn L. (2006) Undisclosed unusual and unexpected matters - liability issues under s52 of the Trades Practices Act. Competition and Consumer Law Journal, 14(1), pp. 1-19.

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The purpose of this article is to explore the importance of non-disclosure of unusual and unexpected matters in the context of s 52 of the TPA. A critical analysis of recent case law suggests that underlying various decisions are contextual factors relating to a plaintiff’s general attributes, which may enable an undisclosed matter to be viewed as unusual and unexpected. These contextual factors include: the plaintiff’s knowledge and experience, their specific transactional requirements and a previous relationship or course of dealings between the plaintiff and defendant. The author contends that the probability of establishing a reasonable expectation of disclosure increases where a defendant possesses an awareness of such contextual factors. In essence, it is argued that the more knowledge a defendant possesses about a plaintiff, the more likely it is that the defendant will have to disclose a matter that is unusual and unexpected in the context of that knowledge, in order to meet the standard of conduct required by s 52.

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ID Code: 18922
Item Type: Journal Article
Refereed: Yes
ISSN: 1039-5598
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2006 LexisNexis Butterworths
Deposited On: 19 Mar 2009 22:26
Last Modified: 17 Sep 2010 01:32

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