LAWS331 Study Guide - Sui Generis, Fair Go, Progressive Enterprises
Document Summary
To be liable under the fta one must be trade (section 2). Gault cites the majority in the australian case of concrete constructions v nelson that the section is concerned with activities or transactions which, of their nature, bear a trading or commercial character. The matter of being in trade depends on all the facts. You need to look at the character of the parties involved, whether the sale was springboard to more business) or whether it was motivated by personal or family reasons. A one-off transaction is less likely to be in trade. The definition of person includes a local authority (section 2). A car was sold with a notice stating the odometer reading is 109000km. This was literally true, but in fact it had been wound back to show this figure. This was a false or misleading representation even though it was technically accurate.
