Misrepresentation, Misleading Conduct and Statute through the Lens of Form and Substance

Doctrines that provide various rights of redress for misrepresentation and misleading conduct hold a central place across the spectrum of commercial and consumer law, including in tort, contract, and equity, as well as pursuant to statutory schemes of regulation and redress. Strong reasons for the law’s interest in such behaviour are not difficult to find: parties who have been induced to enter into contracts on the basis of misleading conduct have not exercised genuine choice and a trader who attracts customers through misleading conduct distorts the market and harms other more truthful competitors.