LAWS1100 Study Guide - Final Guide: Bmw M54, Standard Form Contract, Bmw M52
Document Summary
Acl - s18 misleading or deceptive conduct. A person must not in trade or commerce engage in conduct that is misleading or deceptive or that is likely to mislead or deceive. S18 elements: defendant must be a person. Can be a consumer, interested members of the public, or other businesses including competitors. The conduct involves or is associated with commercial activity within australia or between. Make a statement or a claim or a promise, performs an action, or refuses to do any of these things. Silence can be conduct - henjo investments v collins (1988) Engaging in conduct" s. 4 (2) of the tpa. The matter is to be considered by reference to all who come within it. Annand v tpc: tested by the effect on a person, not particularly intelligent or well-informed, but perhaps of somewhat less than average intelligence and background knowledge. A statement that is not literally true is not necessarily misleading or deceptive sales puff".
