James has appeared in and guided misrepresentation in the sale of business cases in the Supreme Court and Federal Magistrates’ Court. Misrepresentation claims are a common blocking defence that can be disabled with proper interlocutory scrutiny. Franchises are a particularly fertile area for genuine misrepresentation where the profit margins of Franchisors are secured through the sale of blue sky business concepts. James has appeared and advised in franchise matters.

There is potential for this area of litigation to expand significantly following the passage of the unfair terms provisions of the Fair Trading Act 1999 (Vic). James has given talks including at Deacon’s, Herbert Geer & Rundle, Tress Cox and Maddox, Wisewoulds, Russell Kennedy and Harwood Andrews on the amendments and potential developments in the area.

• Amar Produce Pty Ltd v Fairbank's Selected Seed Co Pty Ltd & Anor [2016] VCC 1908 (14 December 2016) a case of verbal misrepresentation by proxy.

• Groundhog Sales and Rentals Pty Ltd v Eastern Pearl Corporation [2012] FCAFC 113 (21 August 2012) alleged misrepresentation in mining equipment sales.

• Structured Property Pty Ltd v Tirli-Bennett & Anor [2010] VSC 129 - alleged misrepresentation in the sale of a rent roll.

• Harvard Securities v Westgarth Development & Ors [2002] FMCA 88 (5 June 2002) - MISLEADING AND DECEPTIVE CONDUCT - Claim for estate agent's commission - primary liability clause in contract for signatory of contract - misleading and deceptive conduct not made out - contract claim for commission established - counter-claim not proved.
  

Primrose Textiles Pty Ltd v Kolliner [1999] VSC 69 (10 March 1999) - The plaintiff sought orders pursuant to rule 32.03 of chapter 1 of the Rules to ascertain the identity of a person allegedly making misleading comments about the solvency of the Plaintiff’s business.

Articles:

Law Commission Discussion paper
Scottish Law Commission Report (click here to go directly to the summary).