JSB171 Lecture Notes - Lecture 1: Asthma, Chevron Island, Demutualization
Document Summary
Misleading or deceptive practices structure of answer. Issue: [plaintiff] can bring an action for [damages/injunction/other orders] under s [82/80/87] tpa for a contravention of s [52/etc] tpa. : stop: check is this a financial service or a code of conduct? a. b. If there"s a possibility that the corporation has contravened an industry code (ie franchising code of conduct) go to codes of conduct notes. 2 defn)): falsely represent that goods are of a particular standard, quality, value, grade, style or model, or have had a particular history or previous use (s. 53(a): standard, quality, composition, label saying banana mango but in smaller print flavoured = rep that it had real banana = contravention of s 53(a) and s 55 (accc v cadbury schweppes). i. If make a positive performance claim but no scientific basis for claim = contravention of s 53(a) (colgate v rexona). i.
