Misleading or Deceptive Conduct Flashcards
1
Q
What does s18 of ACL state?
A
- Person must not, in trade or commerce, engage in conduct that is misleading or deceptive
2
Q
What is a ‘Misleading’ mindset when entering contract?
A
Reason to entering contract is different from the actual result of contract
3
Q
What is Trade of Commerce?
A
- ANY business or professional activity
- NOT include private capacity
- Minimal gov. contracts
4
Q
Is context important when determining Deceptive/Misleading Conduct?
A
YES YES YES
5
Q
If the conduct is silence, is it misleading or deceptive?
A
- Usually YES
–> Use Reasonable Disclosure Test
–> Is it inadvertent or deliberate silence?
6
Q
What remedies are under ACL
A
- Contravention of s18, 20,21
–> Section 236 (damages) + 237 (other orders)
