The Law of Misleading Or Deceptive Conduct

"The Law of Misleading or Deceptive Conduct" by Colin Lockhart is a comprehensive legal treatise that has been updated through several editions. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:

Key Themes

1. Scope of Prohibition: The book extensively examines the scope of the prohibition against misleading or deceptive conduct, including the statutory and common law frameworks that govern such conduct.
2. Consequences of Breach: It delves into the consequences of breaching this prohibition, including the legal remedies available to victims of such conduct.
3. Liability: The book explores who can be held liable for misleading or deceptive conduct, including employees, agents, and directors, and the role of actual or apparent authority in such claims.
4. Reliance and Causation: It discusses the legal concept of causation and reliance in the context of misleading conduct claims, including forms of reliance and the need to prove actual reliance.
5. Remedies and Orders: The book covers various remedies and orders available to address misleading or deceptive conduct, such as preventative, corrective, and declaratory orders.

Plot Summary

The book is structured around the legal principles and frameworks governing misleading or deceptive conduct. It begins with an introduction to the statutory provisions and the common law rules that underpin the prohibition. The subsequent chapters delve into specific aspects of liability, including who can be held responsible for such conduct and the role of involvement in the conduct.

The book also examines the elements of a cause of action for misleading or deceptive conduct, including pleadings, identification of the conduct, and the context in which it occurs. It further discusses trade practices and commercial conduct, as well as future matters and fault in relation to such conduct.

Critical Reception

• First Edition (1998): The first edition of the book was highly praised for its comprehensive coverage of the law. A book review by J L R Davis noted that it was "a very good book" that provided a thorough examination of the subject matter.
• Subsequent Editions: The subsequent editions have continued to be well-received for their updates and new material. The fifth edition, for example, incorporates commentary on the Competition and Consumer Act 2010 and the Australian Consumer Law.
• Practical Application: The book is noted for its practical application, providing tips and hints for practitioners dealing with misleading or deceptive conduct claims. The third edition, for instance, includes practical hints for practitioners on elements of cause of action, pleadings, and identifying conduct.

Editions

The book has been published in several editions:

• Fourth Edition: This edition includes a detailed chapter on enforceable undertakings and persons liable for the consequences of misleading or deceptive conduct.
• Fifth Edition: This edition focuses exclusively on examining the scope of the prohibition, the consequences of its breach, and the legal remedies available.

In summary, "The Law of Misleading or Deceptive Conduct" by Colin Lockhart is a seminal work in the field of commercial law, providing a comprehensive and practical guide to the legal principles and frameworks governing misleading or deceptive conduct. Its critical reception has been positive across various editions, reflecting its utility for both legal scholars and practitioners.