Misleading Conduct and Economic Torts Exam Notes

0 Reviews
0 5
Add to Cart
Remember that we offer a 100% money back guarantee.
  • UniversityDeakin University
  • AreaLaw
  • CourseMisleading Conduct and Economic Torts
2 Purchases
73% Grade
  • Authorliv611
  • Created2013
  • Pages87
  • Approved16 September 2014

This is a fantastic service to use for comparison of notes, compilation of notes or even just in an emergency. There are high quality and varied notes for all the subjects you need.

Daniel Markos

Daniel Markos Bond University

I use Nexus Notes as skeletons for my own notes. This method is far easier than working off textbooks and really helps me with my law exams which aren't getting any easier.

Tommy Hendrick

Tommy Hendrick University of Sydney

I have used Nexus Notes since the site launched and I’m now achieving way more Ds and HDs instead of Ps.

Nick Cundy

Nick Cundy University of Adelaide

View a 10% preview of these notes below.

Download the PDF file .

About these notes

Topic 3: Key concepts under ACL
• Section 18
• ‘in trade or commerce’

Topic 4: The nature of misleading conduct
• Section 18(1) in detail
• ‘target audience’
• Disclaimer clauses

Topic 5: Conduct which may be misleading or deceptive
• Non-disclosure/silence
• Future statements
• Section 19 (exemption to s18)

Topic 6: Advertising
• Test for breach of s18
• Similar business names
• Similar product names
• Similar design
• Comparative advertising

Topic 7: False or misleading representations & other unfair practices
• Section 29
o False/misleading re goods
o False/misleading re services
• Section 30 (sale grant re land)
• Section 31 (employment)
• Section 32 (promotions/prizes)
• Section 33 (misleading public re goods)
• Section 34 (misleading public re services)
• Section 47 (price of goods)

Topic 8: Public remedies
• Civil remedies for ACCC for contravention of s18
• Civil remedies for ACCC for contravention of part 3-1

Topic 9: Civil remedies and defences for private litigants for contravention of section 18 or part 3-1
• Damages

Topic 10: Vicarious, accessorial and employee liability

Topic 11: Product liability of manufacturer (consumer guarantees)
• Section 54 (acceptable quality)
o Cause of action
• Section 56 (goods match description)
• Section 58 (availability of repairs/spare parts)
• Section 59 (express warranty complied with)
• Remedies against manufacturer (s272)

Topic 12: Liability of manufacturers for goods with safety defect: part 3-1
• Causes of action
• Section 138 (personal injury)
• Section 139 (loss/damage due to another’s injury)
• Section 140 (property damage to ‘goods’)
• Section 141 (property damage to land etc)
• Defences
o Section 142
o Section 137A CCA (contributory negligence)
• Limitations

You must log in to submit a review.