FORGE is delighted to announce a talk by our upcoming internal speaker: Luke Harding (LAEL). Details of his talk are below:
Misleading silence under the Australian Consumer Law: Perspectives from linguistics
This talk considers the phenomenon of “misleading silence” as it is currently applied in a particular area of private law in the Australian legal system: section 18 (s 18) of the Australian Consumer Law (ACL). Misleading silence is of theoretical and practical interest in the case of s 18 as, according to that provision, “a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive”. Yet the treatment of misleading silence is under-examined in academic scholarship around s 18, particularly with respect to linguistic perspectives on silence and their implications for understanding the operation of s 18. In this talk, I will first illustrate how misleading silence has been interpreted in cases decided under s 18. Second, I will discuss two distinctions that have figured as organising ideas in interpreting misleading silence under s 18, providing a critique from a linguistic perspective on silence. Finally, I will suggest some ways in which a consideration of misleading silence in s 18 cases opens up interesting lines of enquiry for research at the intersection of linguistics and the law.
TIME & PLACE
1100-1200, Thu 27th Feb, County South D72
All are welcome to attend.