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When Dr Jekyll Turns out to be Mr Hyde – The Undisclosed Principal to a Land Contract and Section 52

By Amanda P. Stickley


The action for misleading or deceptive conduct is increasing in its application with the development that silence may amount to a breach of s 52 Trade Practices Act 1974 (Cth). The use of an agent is common practice in commercial transactions, and in some situations a party will be an undisclosed principal to avoid having their true identity revealed. This is accepted under the common law as a recognised category of agency. However, under the provisions of the legislation, it would appear possible that a corporation as an undisclosed principal to a contract, may be engaged in misleading or deceptive conduct. This paper intends to focus on the use of the undisclosed agency in land transactions

Topics: 180124 Property Law (excl. Intellectual Property Law), Trade Practices, silence, land transactions
Publisher: Thomson Legal & Regulatory
Year: 1998
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