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Misleading Or Deceptive Conduct Notes

Law Notes > Contract Notes

This is an extract of our Misleading Or Deceptive Conduct document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

MISLEADING

OR

DECEPTIVE

CONDUCT

*

*

*

Legislation

in

Australia

prohibits

misleading

or

deceptive

conduct,

and


creates

remedies

for

breach

of

the

prohibition.


This

includes

but

is

not

limited

to

imposing

liability

for

misleading


statements

made

in

precontractual

negotiations.


The

legislation

provides

a

range

of

remedies

for

misleading

or

deceptive


conduct,

including

setting

the

contract

aside

and

damages.


Australian

Consumer

Law

* The

Australian

Consumer

Law

contains

some

of

the

provisions

of

the


former

Trade

Practices

Act

1974

(Cth),

together

with

some

new


provisions.

It

is

a

cooperative

scheme

between

the

Commonwealth

and


the

States.

Altogether,

it

forms

a

significant

part

of

the

context

of


contracting

in

Australia.

* The

Australian

Consumer

Law

is

Schedule

2

to

the

Competition

and


Consumer

Act

2010

(Cth),

and

is

adopted

by

the

States,

e.g.

Fair

Trading


Act

1989

(Qld),

s

16(1)(a).

* Provisions

which

prohibit

misleading

or

deceptive

conduct

(s

18)

and


unconscionable

conduct

(ss

20--22).


Elements:

* The

Australian

Consumer

Law,

s

18(1)

stipulates

that


o A

person

must

not,

in

trade

or

commerce,

engage

in

conduct


that

is

misleading

or

deceptive

or

is

likely

to

mislead

or


deceive.

* This

provision

covers

the

conduct

of

both

natural

and

legal

persons.

* It

only

applies

to

conduct

'in

trade

or

commerce'.

* It

prohibits

conduct

that

is

misleading

or

deceptive,

or

is

likely

to

mislead


or

deceive.


"A

person"

* The

Commonwealth

parliament

has

limited

legislative

jurisdiction.

It


only

has

the

power

to

legislate

with

respect

to

those

matters


specifically

enumerated

in

the

Commonwealth

Constitution.

* The

Commonwealth

Constitution

gives

the

Commonwealth

the

ability


to

legislate

with

respect

to

corporations.

This

was

the

basis

of

the


Trade

Practices

Act

1974

(Cth),

which

was

the

precursor

to

the


Australian

Consumer

Law.

* The

states

are

not

limited

in

the

same

way.

By

their

enactment

of

the


Australian

Consumer

Law

(e.g.

Fair

Trading

Act

1989

(Qld),

s


16(1)(a)),

the

ACL's

prohibition

of

misleading

conduct

now

applies

to


persons

generally,

including

corporations.

Buy the full version of these notes or essay plans and more in our Contract Notes.