A road map to decision causation: In misleading conduct and failure to disclose cases

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Abstract

Statutory 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?
Original languageEnglish
Pages (from-to)4-9
JournalPrecedent
Issue number157
Publication statusPublished - Apr 2020

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