COMLAW 101 Study Guide - Cross Purposes, Contractual Mistakes Act 1977, Contract
20 Jul 2013
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Obligation = a responsibility to act in a certain way to another person. Plaintiff must show harm is done to him. Single event can cause multiple obligations but the remedy can be claimed once. Some statues expressly create a right to sue for damages and other remedies e. g. consumers guarantees act 1993 creates remedies for consumers who receive defective goods or substandard services. Fair trading act 1993: prohibits certain conduct by persons who are in trade. Covers misleading and deceptive conduct, false representations and other unfair trade practices. Section 9 of the fair trading act: (civil liability only) No person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive . 2 requirements: defendant must be in trade: defendant must be acting in a business context. Defendant must have been misleading or deceptive: 3 steps drawn from amp.
