Lifting the joint venture veil : liability of related entities for misleading conduct of agents engaged by joint venture partners

Christensen, Sharon A. & Duncan, William D. (2012) Lifting the joint venture veil : liability of related entities for misleading conduct of agents engaged by joint venture partners. Australian Property Law Bulletin, 26(8), pp. 109-112.

Abstract

At common law, a corporation may be liable vicariously for the conduct of its appointed agents, employees or directors. This generally requires the agent or employee to be acting in the course of his or her agency or employment and, in the case of representations, to have actual or implied authority to make the representations. The circumstances in which a corporation may be liable for the conduct of its agents, employees or directors is broadened under the Australian Consumer Law (ACL) to where one of these parties engages in conduct “on behalf of” the corporation. As the decision in Bennett v Elysium Noosa Pty Ltd (in liq) demonstrates, this may extend to liability for the misleading conduct of a salesperson for the joint venture to parties who are not formal members of the joint venture, but where the joint venture activities are within the course of the entity’s “business, affairs or activities”.

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ID Code: 56774
Item Type: Journal Article
Refereed: No
Additional URLs:
Keywords: joint ventures, real estate agent conduct, property development
ISSN: 0817-2854
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
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
Current > Schools > School of Law
Copyright Owner: Copyright 2012 Lexis Nexis Butterworths
Deposited On: 03 Feb 2013 23:11
Last Modified: 06 Feb 2013 05:16

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