Ascertaining when loss is first suffered by misleading conduct : relevance of contingencies, future predictions and concealment
Christensen, Sharon A. & Lumb, Stephen R. (2005) Ascertaining when loss is first suffered by misleading conduct : relevance of contingencies, future predictions and concealment. Trade Practices Law Journal, 13(3), pp. 149-162.
The seminal case in the context of limitation periods under the Trade Practices Act 1974 is the High Court decision in Wardley Australia Ltd v Western Australia (1992) 175 CLR 514. While the High Court concluded that a plaintiff should not be required to commence a claim until the existence of his or her loss is ascertained or ascertainable, the decision was limited to consideration of contingent loss under an indemnity. While it is accepted that the meaning of 'ascertainable loss' in the context of a pure contingency is clear, several decisions since Wardley have applied the principle of ascertainable loss to losses which are not readily identifiable as 'contingent'. This article critiques the concept of 'ascertainable loss' with the aim of determining whether the conceptual framework for ascertaining when the relevant limitation period commences should adopt ‘contingent loss’ as its core principle or a broader concept based on ‘ascertainable loss.’
Citation countsare sourced monthly fromand 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 theindexing service can be viewed at the linked Google Scholar™ search.
Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.
|Item Type:||Journal Article|
|Keywords:||misleading conduct, limitation periods, contingent loss|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2005 Sharon A. Christensen and Stephen R. Lumb|
|Deposited On:||03 Oct 2008|
|Last Modified:||29 Feb 2012 23:15|
Repository Staff Only: item control page