The Law of Misleading or Deceptive Conduct 3rd edition (eBook)

Description

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A high percentage of commercial disputes include claims based on the prohibition of misleading or deceptive conduct. It is a versatile legal claim and, as a result, there is a large body of case law dealing with the prohibition's operation in a wide range of apparently disparate factual and legal settings. Practitioners need a detailed and specific knowledge of this provision.

This book focuses exclusively on examining the scope of the prohibition, the consequences of its breach, the applicability of defences and the availability of remedies. This singular focus allows for a detailed commentary on the legislation and lucid explanations of the enormous volume of case law.

The 3rd edition addresses the changes wrought by the Competition and Consumer Act 2010 (Cth), including the introduction of the Australian Consumer Law. It contains extensive citation of the ACL provisions alongside their counterparts in the TPA, the ASIC Act and the state FTAs. Commentary is provided on recent case law, such as appellate court decisions regarding the amenability of the Crown, the information providers' immunity, non-disclosure, passing on information of others, causation, the nature and quantification of loss or damage and limitation periods. Virtually every paragraph of the text has been revised to take account of these developments.

No other text provides an in depth treatment of the law concerning claims based on s 18 of the Australian Consumer Law and its equivalents. This book is indispensible for the commercial and corporate practitioner and allows the student to delve deeper into this area.

Table of Contents

Table of Contents

PART A: The Prohibition of Misleading or Deceptive Conduct

1. The Prohibitions Identified, Exempt Persons and Territorial Scope
2. Conduct in Trade or Commerce
3. Misleading or Deceptive: General Issues
4. Express Statements
5. Non-Disclosure
6. Implying Commercial Association

PART B: The Legal Consequences of Misleading or Deceptive Conduct

7. Remedies for Misleading or Deceptive Conduct: General Issues
8. Persons Liable for the Consequences of Misleading or Deceptive Conduct
9. Preventative Corrective and Declaratory Orders
10. Loss or Damage 'By' Misleading or Deceptive Conduct: Causation
11. Compensatory Orders
12. Limitation Periods

Author/Contributor

Lockhart, C W

The book is authored by Colin Lockhart, an acknowledged leader in the area of misleading and deceptive conduct and an expert in commercial litigation. He is a barrister and solicitor of the Supreme Court of Western Australia and currently practices in Perth. He has also taught misleading conduct law, competition law and contract law at the University of Western Australia Law School.

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