Misleading Conduct and Economic Torts Exam Notes

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  • UniversityDeakin University
  • AreaLaw
  • CourseMisleading Conduct and Economic Torts
2 Purchases
73% Grade
  • Authorliv611
  • Created2013
  • Pages87
  • Approved16 September 2014

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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

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