5 edition of Misleading or deceptive conduct found in the catalog.
Misleading or deceptive conduct
|Statement||Deborah Healey, Andrew Terry.|
|Contributions||Terry, Andrew, 1949-|
|LC Classifications||KU982.3 .H4 1991|
|The Physical Object|
|Pagination||xiii, 449 p. ;|
|Number of Pages||449|
|LC Control Number||91176418|
Delivery takes approximately business days. A range of remedies are available in the event of misleading or deceptive conduct. Application. The prohibition on misleading conduct is set out in section 18(1) of the Australian Consumer Law:  "A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.".
Manyam, J. (). Fair Trading: Misleading or deceptive conduct by Lindsay Trotman & Debra Wilson [Book Review]. New Zealand Universities Law Review, 22(4), – (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. (2) Nothing in Part (which is about unfair practices) limits by implication subsection (1). Note: For rules relating to representations as to the country of origin of goods, see Part 5 3.
Federal legislation provides protection for people that are misled in business. Section 18 of the Australian Consumer Law says that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.. The courts have spent much time in considering what sort of conduct is able to be categorised as misleading or deceptive or conduct. MISLEADING OR DECEPTIVE CONDUCT Ch 2 Part ACL – Misleading or deceptive conduct (this includes advertising) s 18(1): "A (1) person must not, (2) in trade or commerce, (3) engage in conduct (4) that is misleading or deceptive or that is likely to mislead or deceive." Elements 1.
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Misleading or deceptive conduct can occur in all facets of daily life, including in business and personal dealings on the Gold Coast and nationwide.
The ACL contains a provision which aims to protect consumers by preventing businesses from misleading customers. Section 18 of the ACL provides. Part B: The Legal Consequences of Misleading or Deceptive Conduct. Remedies for misleading or deceptive conduct: general issues -- 8.
Persons liable for the consequences of misleading or deceptive conduct -- 9. Preventative, corrective and declaratory orders -- Loss or damage by misleading or deceptive conduct: causation -- Misleading or deceptive conduct: Issues and trends Unknown Binding – January 1, See all formats and editions Hide other formats and editions.
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A high percentage of commercial disputes include claims based on the prohibition of misleading or deceptive conduct.
It is a versatile legal claim and, as a result, there is a large body of case law dealing with the prohibition's operation in a wide range of apparently disparate factual and legal settings.
A high percentage of commercial disputes include claims based on the prohibition of misleading or deceptive conduct. It is a versatile legal claim and, as a result, there is a large body of case law dealing with the prohibition's operation in a wide range of apparently disparate factual and legal settings.
Practitioners need a detailed and specific knowledge of this provision. Misleading or deceptive conduct is a "strict liability" offence, in that it does not matter whether the conduct was intended to mislead or deceive, or even whether the claimant could reasonably have protected its interests.
Misleading Tortious Conduct Standard A monopolist’s misleading and deceptive tortious conduct that is illegal at common law or under another regulatory scheme (e.g., a a little FTC Act) may be treated as “exclusionary” only when the conduct is institutional and pervasive and substantially harms the competitive process.
Misleading or deceptive conduct Section 18 prohibits a person (including a corporation), acting in trade or commerce, from engaging in conduct that is misleading or deceptive or is likely to mislead or deceive.
This is a positive obligation; ignorance about the. The Australian Consumer Law is the principal consumer protection law in Australia.
It applies in the same way nationally and in every state and territory. Under the Australian Consumer Law (ACL), businesses are not to engage in misleading or deceptive conduct or conduct which is likely to mislead or deceive the consumer (Section 18).
This book is a must for those involved in suing the Crown - and isn't that practically everybody these days.D Keith Mason QC, Solicitor General for the State of New South Wales Misleading or Deceptive Conduct Deborah Healey and Andrew Terry CCH Australia Limited,RRP $) "A corporation shall not, in trade or commerce, engage in.
The Law of Misleading or Deceptive Conduct 5th edition focuses exclusively on examining the scope of the prohibition, the consequences of its breach, the applicability of defences and the availability of remedies. This singular focus allows for a detailed commentary on the legislation and lucid explanations of the enormous volume of case law.
The text covers misleading or deceptive conduct under s 9 of the New Zealand Fair Trading Act and related procedures and remedies, drawing also on comparative Australian court decisions. In utilising the text, it is important to remember that it is a New Zealand text.
PART ONE: MISLEADING OR DECEPTIVE CONDUCT. Chapter 2 – In Trade. Chapter 3 – Misleading or Deceptive Conduct. Chapter 4 – Non-disclosure or Silence. Chapter 5 – Opinion, Advice and Laudatory Statements. Chapter 6 – Predictions, Promises and Post-contractual Conduct. PART TWO: PROCEDURAL MATTERS, PARTIES AND LIMITATION OF LIABILITY.
Misleading and Deceptive Conduct. Misleading and deceptive conduct is defined by section 18 of the Australian Consumer Law (ACL), which forms Schedule 2 of the Competition and Consumer Act (Cth).
A person must not, in trade or commerce (i.e. in business), engage in conduct that is misleading or deceptive or is likely to mislead and deceive. To be misleading or deceptive conduct, plaintiff must establish causal link between impugned conduct and loss that is claimed.
Held: Buyers were sophisticated, well-informed and well-advised. They had engaged construction professionals to advice them and had plenty of expertise. Thus, this was not conduct that was misleading or deceptive, or.
Whether conduct is misleading or deceptive will depend on the factors surrounding the conduct. This means that all relevant circumstances will be taken into consideration, such as the entire advertisement, product label or statements made by a sales representative.
The Federal Court has found property spruiker Rick Otton engaged in misleading or deceptive conduct in a book and DVD called “How to Buy a House for $1”, because it had never been done.
Justice Jacqueline Gleeson has found Otton and his company We Buy Houses Pty Ltd breached four sections of the Australian Consumer Law. the minimum requirement for conduct to be misleading. However, in further defining what type of conduct is mis-leading or deceptive, it must be noted that ’[i]t is not suffi-cient if the conduct simply causes confusion or uncertainty’: Seven Neiwork Ltd v News Interactive Pry Ltd.
The definition of the term ’deceptive’ has received a. Start studying Misleading and Deceptive Conduct.
Learn vocabulary, terms, and more with flashcards, games, and other study tools. Misleading or Deceptive Conduct. Pre-contractual misrepresentations may provide contractual remedies at common law or statutory remedies pursuant to the Competition and Consumer Act (Cth) (previously the Trade Practices Act (Cth)).
The latter is more commonly used as it operates in a wider range of circumstances and generally provides. The book comprises fourteen chapters with the first chapter serving as an introduction. The introduction includes a succinct survey of the context for the Act, an overview of the core provision in section 9 which prohibits misleading or deceptive conduct, the judicial approach to its interpretation and the role of.A Person Engaging in Conduct.
8. The precursor to s 18 of the ACL, section 52 of the. Trade Practices Act (TPA), prohibited “corporations” engaging in misleading or deceptive conduct. Prohibitions against individuals engaging in misleading conduct was left to the state based Fair Trading legislation.
Further, individuals could.A business cannot rely on disclaimers buried in small print as an excuse for misleading or deceptive conduct. Case Study A large department store was found to have engaged in misleading conduct when it advertised '25 per cent off all clothing' and ' per cent off housewares', but in small print excluded certain clothing and manchester.