Consumer and Marketing Law - topic 6 Flashcards
What does consumer and marketing law look at?
the basic standard of honesty expected of businesses in New Zealand
relates to goods and services
also promotes product safety
creates civil and criminally liability
Who does it protect
the interests of consumers are protected and businesses compete effectively and consumers and businesses participate confidently
What does section 9 of the Fair Trading Act
“No person shall in trade engage in conduct that is misleading or deceptive or is likely to mislead or deceive”
Section 2
“trade means any trade , business, industry, profession, occupation, acitivty or commerce, or undertaking relating to the supply of goods and services or to the disposition or acquisition of any interest in land
Misleading or deceptive conduct (or likely to mislead or deceive)
misleading/deceptive conduct -covers actions , gestures or failure to warn
- can include half truthsm literal truths and silence, misrepresentation of what us misleading is judged by effect on target audience
How do you know whether conduct is misleading or deceiving?
court ask would a reasonable / avergage member of the target audience be likely to have been misled?
what is the overall impression created by the conduct?
What is acquiring?
any form of gift purchased or exchanged and also lease hire