Add to ORKGStatutory concepts of causation have been front and centre in a series of recent Federal Court and Supreme Court decisions addressing cases of misleading conduct. The statutes all provide compensatory remedies for loss or damage suffered ‘because of’, ‘by’ or ‘as a result of’ misleading conduct. A particularly difficult question is how a failure to disclose some fact or matter can cause a person to suffer loss or damage. How can a person rely on something that was not said
The decision in the Bailey v. Ministry of Defence case raises some interesting issues in relation to...
Liability for having induced another to act to their detriment on the basis of a negligent misstatem...
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and ...
Causation serves as the central gatekeeper to the smorgasbord of remedies offered in response to the...
A product claim based on breach of express warranty, tortious misrepresentation, or inadequate direc...
Through use of the preposition by, (or the conjunction, ‘because’), s 82 of the Trade Practices Act ...
Plaintiffs in securities fraud class actions must prove that defendants’ misconduct caused the inves...
Over a quarter of a century ago, Judge Henry Friendly coined the term fraud by hindsight in uphold...
The paper analyzes the problem of causation in cases for damages connected with false or misleading...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
This book undertakes an analysis of academic and judicial responses to the problem of evidential unc...
This thesis is an investigation of the law of damages for misrepresentation at common law and under ...
A degree of judicial caution in accepting the assertion of a plaintiff as to what he or she would ha...
An issuer makes a positive, material misstatement in violation of Rule 10b-5. What must an investor ...
The decision in the Bailey v. Ministry of Defence case raises some interesting issues in relation to...
Liability for having induced another to act to their detriment on the basis of a negligent misstatem...
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and ...
Causation serves as the central gatekeeper to the smorgasbord of remedies offered in response to the...
A product claim based on breach of express warranty, tortious misrepresentation, or inadequate direc...
Through use of the preposition by, (or the conjunction, ‘because’), s 82 of the Trade Practices Act ...
Plaintiffs in securities fraud class actions must prove that defendants’ misconduct caused the inves...
Over a quarter of a century ago, Judge Henry Friendly coined the term fraud by hindsight in uphold...
The paper analyzes the problem of causation in cases for damages connected with false or misleading...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
This book undertakes an analysis of academic and judicial responses to the problem of evidential unc...
This thesis is an investigation of the law of damages for misrepresentation at common law and under ...
A degree of judicial caution in accepting the assertion of a plaintiff as to what he or she would ha...
An issuer makes a positive, material misstatement in violation of Rule 10b-5. What must an investor ...
The decision in the Bailey v. Ministry of Defence case raises some interesting issues in relation to...
Liability for having induced another to act to their detriment on the basis of a negligent misstatem...
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and ...