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eBook Misleading or deceptive conduct: Issues and trends ePub

eBook Misleading or deceptive conduct: Issues and trends ePub

  • ISBN: 186287154X
  • Subcategory: No category
  • Language: English
  • Publisher: Federation Press (1996)
  • ePub book: 1989 kb
  • Fb2 book: 1906 kb
  • Other: doc docx mobi lrf
  • Rating: 4.2
  • Votes: 434

Description

Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law. Section 18 of the Australian Consumer Law, which is found in schedule 2 of the Competition and Consumer Act 2010, prohibits conduct by co. .

Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law. Section 18 of the Australian Consumer Law, which is found in schedule 2 of the Competition and Consumer Act 2010, prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive.

Misleading or Deceptive Conduct: LegalVision Lawyer, Thomas Kaldor, explains what you . Misleading Conduct Can Pop Up Anywhere

Misleading or Deceptive Conduct: LegalVision Lawyer, Thomas Kaldor, explains what you need to know if you deal with customers or other businesses. Misleading Conduct Can Pop Up Anywhere. Although the prohibition against misleading conduct was initially intended to protect consumers, section 18 establishes a statutory norm of conduct that applies to business activity across the economy. In reality, it’s often competitors that complain about misleading conduct, rather than consumers or the regulator in this area, the Australian Competition and Consumer Commission (ACCC). Commonly, misleading conduct can occur in the following situations

The specific prohibition on misleading and deceptive conduct is found in section 18 of the ACL, which states that "a.The Court will determine whether conduct is misleading or deceptive as a question of fact in the context of the whole transaction

The specific prohibition on misleading and deceptive conduct is found in section 18 of the ACL, which states that "a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. The Australian Competition and Consumer Commission (ACCC) is the national regulator and is authorised to bring claims in respect of misleading and deceptive conduct. The Court will determine whether conduct is misleading or deceptive as a question of fact in the context of the whole transaction. The focus is on whether the conduct is "likely" to mislead and actual deception or loss or damage to the consumer is not required.

Misleading or deceptive conduct is a "strict liability" offence, in that it does not matter whether the conduct was intended to mislead or deceive, or even whether the claimant could reasonably have protected its interests. This means that so long as there is an element of reliance on the part of the claimant, a respondent could be found to have engaged. As a tort-style offence applying to cases of "pure economic loss" (as opposed to physical harm), a cause of action in misleading or deceptive conduct will only accrue from the time that any loss is suffered - . conduct could be misleading and deceptive, and a person could rely on it and still have no claim.

Misleading or deceptive conduct (often referred to as just misleading . The requirement 'in trade or commerce' creates a significant threshold issue. To be misleading or deceptive the conduct must contain a misrepresentation capable of inducing the relevant class into error. Section 18 of the Australian Consumer Law (ACL), which is found in schedule 2 of the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974) prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive. Generally, misrepresentations will be false statements of fact.

Misleading or deceptive conduct explained If a price seems unusually low, the customer can prevent any issues by asking the business if the price displayed is correct. Products that do not match their description.

Misleading or deceptive conduct explained. Conduct' includes actions and statements, such as: advertisements. If a price seems unusually low, the customer can prevent any issues by asking the business if the price displayed is correct. Most products must match their description - for example, on the label, in a TV commercial, in photos, or the item description in print or online advertisements.

ISSUE: Does conduct that could confuse amount to misleading or deceptive conduct? DECISION: The Full Court of the Federa l Court held that the use of the words 'Big Mac' by McWilliam's Wines might cause confusion in the minds of some consumers as to whether there was a connection.

ISSUE: Does conduct that could confuse amount to misleading or deceptive conduct? DECISION: The Full Court of the Federa l Court held that the use of the words 'Big Mac' by McWilliam's Wines might cause confusion in the minds of some consumers as to whether there was a connection between the two companies; however, such a person would not be m isled by the advertisement into believing that there was such a connection. Thus, there was no breach of the statutory prohibition against misleading or deceptive conduct.

Misleading and deceptive conduct: - Not restricted to intentional conduct - Not restricted to negligent conduct - A corporation who has acted reasonable and honestly may still be liable Case: Parkdale Custom Built Furniture v Puxu.

Misleading and deceptive conduct: - Not restricted to intentional conduct - Not restricted to negligent conduct - A corporation who has acted reasonable and honestly may still be liable Case: Parkdale Custom Built Furniture v Puxu - Gibbs C. s2(2)(a) ACL - definition of 'engaging in conduct' Merely promising to do something and failing to carry it out will not be misleading or deceptive (Futuretronics v Gadzhis) A promise will only be misleading with regard to: a) Intention to perform b) Capability to perform Otherwise, any promise that was not fulfilled (ie. breach) would be misleading - policy concern.

Deceptive news types (disinformation, propaganda, and hoaxes), unlike deceptive strategies (falsification and misleading) .

Finally, our novel connotation analysis across deception types provides deeper understanding of writers' perspectives and therefore reveals the intentions behind digital misinformation.

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See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.