Accg614 - week3

21 statutory modica0ons the australian consumer law

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Unformatted text preview: er protec0on law and criminal law) as well as the tort of ‘deceit’. 17 Innocent Misrepresenta=on •  A misstatement of a material fact, not known to be false, made by one party to another, which induces the other to enter into a contract. •  It is dis=nguished from fraudulent misrepresenta=on by the lack of an inten=on to deceive by the person making the representa=on i.e. Saying something wrong without knowing it to be wrong or intending to deceive 18 Innocent Misrepresenta=on Remedies Statute Law remedies (ACL) •  The appropriate remedy depends on whether the representa=on is a Condi=on or Warranty of the contract •  If Condi=on – You are able to sue for damages/or for a total failure to perform the contract. •  If Warranty – You are able to sue for damages only/no order for rescission in equity. 19 Negligent Misrepresenta=on •  You may sue a party for an innocent but negligent misrepresenta...
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