I introduction consumers have the right to receive

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of a market economy such as Australia.” I. Introduction Consumers have the right to receive accurate and truthful messages about the goods and services they are buying. Laws are created to maintain the integrity of the market and to ensure an efficient operation. Section 52 of the Trade Practices Act of 1974 identifies misleading or deceptive conduct to be illegal in business transactions. The aim of the provisions is to strengthen the position of consumers relative to sellers, distributors and manufacturers by ensuring that businesses compete fairly. II. What is meant by the expression “misleading or deceptive conduct” and how do the Courts determine what is misleading or deceptive conduct? Misleading or deceptive conduct is a doctrine of Australian law. The doctrine aims to provide consumer protection by preventing business from misleading their customers. It makes no difference whether the business intended to mislead or deceive you—it is how the conduct of the business affected your thoughts and beliefs. Some general provisions that businesses must not make false claims about are the quality, style, model, or history of a good or service, whether the goods are new, the sponsorship, performance characteristics, accessories, benefits and uses of goods and services, the availability of repair facilities or spare parts, the place of origin of a good, a buyer’s need for the goods or services, and any exclusions on the goods and services.
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Christopher Reinemann
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