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ACL [GP] (General Prohibitions [Used with Case Laws!] (S18 Misleading or…
ACL [GP]
General Prohibitions [Used with Case Laws!]
S20 & S21 Unconscionable Conduct
[REFER TO UNCONSCIONABLE CONDUCT!]
Case Law - Unconscionable Conduct!
S20
S21
S23 Unfair Contract Terms
Case Law - Refer to Disclaimers [Unenforceable Terms]
S18 Misleading or Deceptive Conduct
Case Law - Negligent or Fraudulent Misrepresentation!
"A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."
Trade or Commerce
Non-commercial has no breach
Plimer v Roberts (1997)
Conduct
Silence can be conduct
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd
Business
B2B included
Misleading or Deceptive (or likely to) [Intention is irrelevant!!]
Objective test
Taco Company of Australia Inc v Taco Bell Pty Ltd (1982)
If opinion
Has to not be based on reasonable grounds
is not honestly held
Remember, if opinion then Misrepresentation Case Law doesn't hold anymore
Actions
Can contact competitors or ACCC to sue
ACCC v Telstra Corporation
Gillette Australia Pty Ltd v Eveready Australia Pty Ltd v
Remedies
Pick suitable ones
Declarations
Injunctions
Damages
Undertakings (Formal promise/pledge)
S29 SP