Title: The law of misleading or deceptive conduct /
Authors: Lockhart, Colin
Publisher: LexisNexis Butterworths,
Year: 2003
Subjects: Competition, Unfair Australia; Deceptive advertising Law and legislation Australia.; Consumer protection Law and legislation Australia
Abstract: The prohibition of misleading or deceptive conduct plays an ever-increasing role in the regulation of commercial dealings and in commercial litigation in Australia and New Zealand. The continually heightening significance of this field of law is matched only by the speed with which it presently evolves. Since the publication of the first edition of this work in 1998, this area of the law has continued to develop at a rapid pace. In addition to significant legislative amendments such as introducing 'safe harbours' for statements as to the origins of goods and new responses to legislative breaches, the courts are estimated to have determined over 1500 cases specifically pertaining to misleading or deceptive conduct. "The Law of Misleading or Deceptive Conduct" deals solely with breaches of deceptive or misleading conduct prohibitions, and the consequences attached. The singular focus of this work allows for detailed exploration of the various issues that arise in determining whether conduct contravenes the prohibition and the remedies available upon a contravention.
Contents: Part A: The Prohibition of Misleading or Deceptive Conduct. 1. The prohibitions identified, exempt persons and territorial scope -- 2. Conduct in trade or commerce -- 3. Misleading or deceptive: general issues -- 4. Express statements -- 5. Non-disclosure -- 6. Implying commercial association. Part B: The Legal Consequences of Misleading or Deceptive Conduct. 7. Remedies for misleading or deceptive conduct: general issues -- 8. Persons liable for the consequences of misleading or deceptive conduct -- 9. Preventative, corrective and declaratory orders -- 10. Loss or damage by misleading or deceptive conduct: causation -- 11. Compensatory orders -- 12 Limitation periods.