LAWS105 Lecture Notes - Lecture 5: Rescission, Volvo S80, Personal Property
Document Summary
Injunction: acl ss232, 233 and 234, may restrain contracting party from acting in a manner contravening the act, may compel a person to act in a certain way to prevent contravention. Acl or common law: common law misrepresentation overlaps with the statutory misleading conduct provisions. In practice, common law misrepresentation is only relevant where the cca does not apply, eg. in non - commercial contexts (ie. In practice, common law misrepresentation is only relevant where the cca does not apply, eg. in non - commercial contexts (ie. where the statutory requirement of "in trade and commerce" is not met). Innocent but negligent (l shaddock v city of parramatta) = rescission and/or damages in tort. Next week: unconscionable conduct and unfair terms, common mistake, both parties mistaken as to the same thing, eg. P370 clarke: john contracts to sell a car to lily.
