Deceptive Trade Practices

Deceptive Trade Practices

Contents of Deceptive Trade Practices

Contents of this subject matter include:

• This topic examines deceptive trade practices law in a number of jurisdictions through the operation of the consumer protection provisions of the national consumer law.
• The topics which will be delivered are as follows:

  Background to the ACL and s. 18; eaning of “trade and commerce”

  Meaning of “misleading or deceptive conduct”

  Limitations on application of the ACL

  Misleading and deceptive conduct involving competitors, rivals, political opponents

  Misleading and deceptive conduct involving a contractual relationship

  Silence as misleading or deceptive conduct

  Promises, predictions and future matters

  Disclaimer Clauses, reliance and causation

  Approach to assessment of damages for misleading or deceptive conduct

  Relief against persons involved in misleading or deceptive conduct – s. 4 of ACL

  The operation of contributory negligence and proportionate liability provisions of the CCA and the CLA with s. 18 claims

  Limitation issues

  Other remedies available under the ACL for misleading or deceptive conduct

  Injunction

  A comparison between a cause of action based on s. 18 and other causes of action in tort and contract and under Intellectual Property legislation)