Meagher JA
Directors who associate themselves with false and misleading promotional documents and assurances made by their company may be personally liable under s 75B(1)(c) of the Trade Practices Act as persons knowingly concerned in the company's contravention of s 52. However, for a collateral contract to arise, the directors must have spoken or written in their personal capacity, not merely as agents of the company. Where misleading conduct induces entry into a contract, the damages under s 82 may coincide with the contract measure of damages.
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Cases considered by Kavanagh v Blissett
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Cases that have considered Kavanagh v Blissett
Judicial Consideration (Chronological)