These notes are brilliant for test preparation. All material is referenced by laws and case laws and are color coded and in italics to stand out and for you not to forget to reference them in your exam!

The material flows progressively and covers possible counter arguments and are laid out very clearly.

Topics Covered in these Misleading Conduct and Economic Tort notes:

1. Misinformation Torts

   • 1.1 Tort of Deceit

   • 1.2 Tort of injurious falsehood

   • 1.3 Negligent Misrepresentation

2. Where negligence law should not interfere:

3. To establish that the statements were made maliciously

4. Section 18 of the ACL

   • 4.1 Person

   • 4.2 In trade or in commerce

   • 4.3 Conduct

   • 4.4 Misleading or deceptive, or likely to mislead or deceive

   • 4.5 Remedies:

5. False Claims In Advertising

   • 5.1 Tests, Scientific Studies and Future Representations

   • 5.2 Disclaimers in advertising

   • 5.3 Puffery

   • 5.4 Comparative advertising

6. Common Law

   • 6.1 The tort of passing off

   • 6.2 Cases

7. PART 3-1 of the ACL

   • 7.1 Goods - S29 of the ACL

   • 7.2 Services – s 29 (1)(b)

   • 7.3 New goods - s 29 (1)(c)

   • 7.4 Acquired goods or services - s 29 (1)(d)

   • 7.5 Testimonials s 29(1)(e),(f)

   • 7.6 Sponsorship or approval s 29(1)(g)

   • 7.7 Affiliations 29(1)(h)

   • 7.8 Pricing of goods or services 29(1)(i)

   • 7.9 Availability of repair of goods/spare parts for goods 29(1)(j)

   • 7.10 Place of origin 29(1)(k)

   • 7.11 S 255 sets out 5 ‘safe harbour’ defences:

   • 7.12 The need for goods/services 29(1)(L)

   • 7.13 Misleading consumers as to their rights under the ACL - Adequately presenting terms or conditions 29(1)(m)

8. Misleading the public as to the nature, the characteristics, the suitability for their purpose or the quantity of any goods or services:

   1. Manufacturing process, characteristics or suitability of goods – s 33

   2. Manufacturing process, characteristics or suitability of services – s 34

9. Remedies