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Misleading Or Deceptive Conduct Notes

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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.

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