Lecture 5 BFA601 Semester 1 2018.pptx

Misleading conduct in contract law misleading conduct

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Misleading conduct in contract law Misleading conduct in contract law Damages for negligent misrepresentation (5.28) Possible to claim for damages as a result of negligence, where foreseeable. Innocent misrepresentation: usually only results in rescission.
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Misleading conduct in contract law Misleading conduct in contract law The Competition and Consumer Act 2010 brought in the Australian Consumer Law (ACL) as a single national law dealing with consumer protection and fair trading and will apply in all Australian jurisdictions. The ACL introduces implied terms into contracts, consumer protection and various remedies for consumers for unconscionable conduct. Statutory misrepresentation under the ACL (5.29) Statutory misrepresentation under the ACL (5.29)
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Misleading conduct in contract law Misleading conduct in contract law S 18: ‘A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive’. Note that person can refer to legal person Older TPA cases will apply to the new legislation Note the legislation applies in ‘trade and commerce’ and this is applied widely Ward v Premier Ice Skating Rink Pty Ltd (misleading statements as to revenue) Misleading or deceptive conduct (5.30) Misleading or deceptive conduct (5.30)
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Misleading conduct in contract law Misleading conduct in contract law Misleading and deceptive conduct (5.31) In ‘trade and commerce’ (5.31) Concrete Constructions Group Pty Ltd v Nelson (1990) ‘Engage in conduct’ (5.32) Money v Westpac Banking Corporation (1988) Ward v Premier Ice Skating Rink Pty Ltd (1986)
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Misleading conduct in contract law Misleading conduct in contract law Weitmann v Katies Ltd Taco Company of Australia Inc v Taco Bell Pty Ltd ; considerations include: The public or target group What is the character, education and understanding of the target group? Have some persons formed a conclusion which is not true? How did the misconception arise, what were the actions or behaviour? Misleading or deceptive conduct (5.33) Misleading or deceptive conduct (5.33)
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Misleading conduct in contract law Misleading conduct in contract law An objective test is used What were the words and behaviour used? It is not necessary to prove loss and damage arising from the conduct, i.e. that there was actual deception ACL s 18 (5.33) ACL s 18 (5.33)
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Misleading conduct in contract law Misleading conduct in contract law The ACL covers various subjects in relation to misleading behaviour false or misleading representations about sale of land: s 30; misleading conduct relating to employment: s 31; offering of rebates, gifts, prizes: s 32; misleading conduct as to the nature of goods: s 33; misleading conduct as to the nature of services: s 34; and bait advertising: s 35.
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