LAW4196 Study Guide - Final Guide: Fair Trading Act 1986, Consumer Guarantees Act 1993
Document Summary
3 step test: would the conduct confuse target market, was the pl misled/deceived by conduct, was it reasonable for the pl to have been misled/deceived, pu s are not caught under s9 (careful if it is very descriptive) Section 12 (criminal: a claim a business makes about a product must be substantiated (e. g: clinical tests prove) Section 13 (criminal: no person in trade can make a false or misleading representation (around supply or promotion) . Other unfair trade practices: bait advertising, o ering gifts/prizes (without intention of providing) Defences: a reasonable mistake", a reasonable reliance on info supplied by third party", act was outside df"s control and df took reasonable precautions and exercised due diligence to avoid breach". Contracting out of the fta: after consumer law reform bill is passed in june, only can contract out of fta if, agreement in writing, both parties are in trade, binding provision is fair/reasonable to both parties.
