16641 Lecture Notes - Lecture 2: Rednal, Australian Consumer Law, Consumer Protection
Document Summary
The judge summarised the law with respect to s18 and predictions/promises: A corporation may be in breach of s18 whatever its intention or the state of mind of those controlling it. The mere fact that representations as to future conduct or events do not come to pass does not make them misleading or deceptive. Nevertheless, a statement relating to the future may contain an implied statement as to present or past fact. It may represent impliedly that the promisor has a present intention to make good the promise and it may represent impliedly that is has the means to do so. However, disclaimer clauses may affect a claim under this section by amending representations made prior. Further, the disclaimer clause may interrupt causation disrupting the causality between the representation and the consumer"s decision (disproving reliance, required when suing for damages under s 236).
