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.

View at publisher

Abstract

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.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

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

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page