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This thesis seeks to provide a deeper understanding of the Scots law of fraud. Adopting a method that is both historical and doctrinal, it provides a critical analysis of the current understanding of fraud and argues for an approach that is more consistent with Scotland’s legal history which, in turn, was profoundly influenced by a much older tradition of European legal thought. It begins by exploring the historical scope of fraud in both a criminal and civil context with specific focus on questions of definition and the extent to which “fraud” was used in the broader sense of activities not involving deceit. A detailed analysis is given of the widespread concept of presumptive fraud by means of which Scots law was able to provide a remedy for unfair or unwarrantable behaviour without any requirement for a deceitful intention and for misstatements made unintentionally. The argument is made that presumptive fraud was a mechanism for delivering substantive justice and that its conceptual roots lie in an Aristotelian understanding of justice as equality. A comparison is made between the scholastic doctrine of restitution, which was developed by Thomas Aquinas as the outworking of the Aristotelian virtue of justice, and the scheme of Scots law created in the Institutions of the Law of Scotland by Viscount Stair (1619-1695), who is said to be the founding father of Scots law. It is suggested that the religious and philosophical conditions which existed in seventeenth century Scotland were particularly fertile soil for scholastic legal ideas which conceptualised law within a moral and religious framework. The second half of the thesis undertakes a doctrinal analysis of fraud in three parts. First, the complex relationship between fraud, error and misrepresentation is examined and the case is made that misrepresentation, whether intentional or unintentional, sits more comfortably in the law of fraud than in the law of error. Secondly, modern legal literature is critically assessed and the dominant modern narrative – that error induced by misrepresentation is a native concept in Scots law – is questioned. Thirdly, a new taxonomy of fraud is proposed which distinguishes between primary and secondary fraud. The operation of secondary fraud (which amounts to “participation” in the primary fraud of another and therefore involves three-party situations) is explored through the application of two familiar legal maxims: the “fraud” principle (that no one should be enriched through the fraud of another) and the good faith purchaser for value. In the context of secondary fraud, it is argued that the criteria for its operation - mala fides and a gratuitous transaction - are both core components of the older concept of presumptive fraud. The thesis comes full circle as it is suggested that while the broader equitable definition of fraud, rooted in equality, may have disappeared in the context of primary fraud, secondary fraud retains it.

Forecasts, predictions and opinions about the future should not be treated in the same way as hard information is treated under the Securities Act. Because this type of soft information cannot be verified in advance, the imposition of liability in respect of these statements about the future may hinder their production and have a result that is adverse to the interests of investors – who would prefer to hear management speak candidly about its thoughts on the company’s future performance. This essay examines the way in which the Ontario Securities Act treats statements about the future, as well as the most important decision in this area up to the present: Kerr v. Danier Leather. It will also discuss whether there should be a duty to update predictions when the circumstances that formed the basis of these forecasts have changed significantly.

Forecasts, predictions and opinions about the future should not be treated in the same way as hard information is treated under the Securities Act. Because this type of soft information cannot be verified in advance, the imposition of liability in respect of these statements about the future may hinder their production and have a result that is adverse to the interests of investors – who would prefer to hear management speak candidly about its thoughts on the company’s future performance. This essay examines the way in which the Ontario Securities Act treats statements about the future, as well as the most important decision in this area up to the present: Kerr v. Danier Leather. It will also discuss whether there should be a duty to update predictions when the circumstances that formed the basis of these forecasts have changed significantly.

The purpose of this study was to investigate relationships among adolescents¡¦ online misrepresentation, self-disclosure, cyber-relationship motivation and loneliness. Survey study was conducted on sample consisted of 612 Taiwanese adolescents, 13-18 years of age with instruments including scales of online misrepresentation, self-disclosure, cyber-relationship motivation and of loneliness. Findings indicated that 45.9% of the respondents admit to having online deception experience while 4.4% report prevalent online misrepresentation, with those who live in Pintung, study in specific grade orwith exposure to cyber-relationship having much more online misrepresentation. In addition, not all constructs of self-disclosure, cyber-relationship motivation and loneliness are associated with online misrepresentation. Only accuracy and valence of self-disclosure, easier communication, emotional support, away from the real world and sexual partners of cyber-relationship motivation and loneliness are associated with specific constructs of online misrepresentation. Regression analyses suggested all constructs of self-disclosure in real-life as well as anonymity and emotional support of cyber-relationship motivation have moderate explanatory power for online self-disclosure, whereas accuracy and valence of self-disclosure in real-life as well as depth of control and accuracy of online self-disclosure have low explanatory power for cyber-relationship motivation, indicating that there are factors needed to be explored.

This thesis is an investigation of the law of damages for misrepresentation at common law and under the Misrepresentation Act, 1967. It makes three principal claims. First, the relationship that must exist between the making of a false statement and the claimant's reliance on it is one of necessity. In applying this test to individual cases, there is no rule of law that the non-breach position is always that the defendant would have said nothing or that he would have disclosed the truth: it simply depends on what a reasonable defendant would in fact have done. Secondly, the scope of liability for negligent misrepresentation is governed by what this thesis describes as the 'falsity rule'. This is the rule that a loss must be a consequence not only of the making of a false statement but also of its falsity. The rule can be traced to the late nineteenth century and is the best explanation of the SAAMCO case. Contrary to the current orthodoxy, SAAMCO does not in fact endorse the risk theory of remoteness which, in any event, is flawed both as a description of the law and as a matter of principle. Thirdly, the measure of damages under section 2(1) of the 1967 Act is the deceit measure and the measure under section 2(2) is the monetary equivalent of rescission. These provisions have given rise to difficulty principally because their legislative history has not been closely analysed. In truth, Parliament enacted section 2(1) in the mistaken belief that the common law distinguishes between deceit and negligence only for the purpose of actionability, not damages, but a mistake of this kind is conceptually distinct from a mistake about the conventional meaning of words or syntax. For these reasons, it is argued that Royscot is correctly decided but that William Sindall, with respect, is not.

In an attempt to preserve research integrity, the aim of this study is to examine how often statistical results are being misrepresented in empirical studies by using terms such as “marginally significant,” “approached significance,” or “trend toward significance” when interpreting findings. The use of these terms gives ambiguous significance to results that are in fact nonsignificant, which threatens future research by contributing to issues such as the replication crisis. For this study, data were coded from 437 empirical articles published online in The Journal of Personality and Social Psychology (JPSP) over a 4-year period between 2017 and 2020. According to our findings, although misrepresentation of statistical results are prevalent within JPSP articles, rates decreased significantly over the four-year time period examined. Additionally, as the number of studies published in JPSP increased each year during the four-year period examined, there may be a potential rise in representatively sound studies and decrease of misrepresentation within this discipline.

This study examined Scottish Highlanders who defended the southern border of British territory in the North American theater of the War of the Austrian Succession (1739-1748). A framework was established to show how Highlanders were deployed by the English between 1745 and 1815 as a way of eradicating radical Jacobite elements from the Scottish Highlands and utilizing their supposed natural superiority in combat. The case study of these Highlanders who fought in Georgia and Florida demonstrated that the English were already employing Highlanders in a similar fashion in North America during the 1730s and 1740s. British government sources and correspondence of colonial officials and military officers were used to find the common Highlander's reactions to fighting on this particular frontier of the Empire. It was discovered that by reading against what these officials wrote and said was the voice of the Highlander found, in addition to confirming a period of misrepresentation of Highland manpower in the colony of Georgia during the War of Jenkins' Ear that adhered to the analytical framework established.

At the heart of this exegesis is the city-bush gap and the rivalry and stereotypes that gap has generated. I acknowledge how and why our national identity evolved from the writing of the 1890s but I argue that most current artists, particularly novelists, have failed to incorporate the ongoing cultural, societal and industrial changes that have occurred since, particularly in the last thirty years. I assert that the majority of artists still refer to and draw inspiration from established, inaccurate myths and stereotypes rather than the bush and Australian characters of today. Through examining three texts, Kate Grenville's The Idea of Perfection (Picador, Sydney, 1999), Christos Tsiolkas's Loaded (Random House, Sydney, 1995) and Silences Long Gone (Picador, Sydney, 1998) by Anson Cameron, I also point out how most artists in general have failed to keep pace with changes in the bush city cross-culture. My exegesis attempts to give an account of some deficiencies in contemporary Australian literature. In the creative component of this project, Summer at Mount Hope (Duffy and Snellgrove, Sydney, 2005), I write, as did Anson Cameron in his book, Silences Long Gone, (Pan Macmillan, 1998) of a bush (in 1894) where city and bush rely on each other and technology pushes into the bush uniting city and bush, thus enhancing the economy, the cross cultural interdependence and advancing the commonality between the two. I replace stereotypical characters with less predictable characters whose traits sit easily in either bush or city culture and skew the Traditionalist role of bush and city.