Misleading and deceptive conduct According to Section 9, no person shall, in trade, engage in a conduct that is misleading or deceptive or likely to mislead or deceive. Breaching of this section does not constitute an offence but it’s a provision of the most civil actions of the breaches of the Act (Hubbard, 2013). When an employee makes a statement that David Beckham used a shave machine purchased from MME Ltd, if untrue, breach s13 (e), if there is no image of David Beckman in any of the advertisements
section (1A) which is to provide a fair disclosure of the goods and services information to consumers and to promote effective competition. A comprehensive compliance program is intended to prevent the organization and employees from any inappropriate conducts which may breach the Fair Trading Act and it helps businesses to cater for specific risks identified in the firms. Many of U.S. companies have effectively encountered the internal issues of the firms which indicate the positive progress made by the
respondent (ACCC) claimed that by publishing those kinds of website 's address, Google is engage in conduct, which involved with misleading and deceptive. (Google Inc at [1] ) Issues which arising from this case are: 1. Whether the "ordinary" or "reasonable" members of that class would be misled or likely to be misled by Google 's representations. 2. Whether the users of Google engaged in conduct that give rise to the pleaded representations and any significance should be placed on the
a. Discuss whether Marcus’ conduct was “in trade and commerce” within the meaning of s 18(1). S18(1) of the Australian Consumer Law (ACL) states that ‘a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive’. Trade and commerce means ‘(a) trade and commerce within Australia; or (b) trade and commerce between Australia and places outside Australia; and includes any business or professional activity (whether or not carried on for
originates from or is in some way associated with the plaintiff or plaintiff’s business when that is not the case.’ Passing off is a tort designed to prevent a trader from damaging another trader’s reputation or goodwill as a result of the defendant’s conduct. It may do this by the adoption or imitation of some business indicia of the plaintiff including; brand name or business name, signs that could easily be associated with the plaintiff’s product, and many other indicia under which a product is being
The courts held that the information throughout Gilletes campaign conducted unfair comparisons thus also conduction misleading behaviour (Pocock, 2016). To compare this case with Sunshine Coast Hill-Tonne Pty Ltd, it can be concluded that with the brochure stating, “you won’t get a better deal in Queensland” demonstrates an unfair comparison, who is to say that shortly
1. MISTAKE Mistake is where the one or both parties shared a mistaken assumption or confusion as to terms or object within a contract. if the parties entered into a contract under the same wrong assumption, that contract maybe void for common mistake if the mistake is so fundamental that it nullifies agreement. The law distinguishes three kinds of mistakes: common, mutual and unilateral. If both parties made the mistake it constitutes common mistake contrary to unilateral mistake where only one
Misleading and Deceptive According to ASIC (2012), misleading or deceptive are issuers of notes who fail to comply with the advertising standards risk making false or misleading statement or engaging in misleading or deceptive conduct in contravention of the Corporations Act or ASIC Act . A person must not in trade or commerce, engage in conduct, in relation to financial service that is misleading or deceptive or is likely to mislead or deceive . Contravention is not an offence. The consumer can
This essay looks at the statutory duty of good faith and how it has developed since its introduction in the form of section 4 of the Employment Relations Act 2000. When the Employment Relations Act 2000 was introduced a statutory duty of good faith was created by s 4(1). The duty requires parties to an employment relationship to deal with each other in good faith and states that they must not mislead or deceive one another. The wording of the good faith duty is purposefully based on provisions
This essay will go through imperative elements for implementing fraudulent misrepresentation and to provide innocent party to recover civil damages, gain an injunction or other remedies from the other party. Business law is very broad concept of law which covers all the legal issues that include many commercial and domestic cases which make up most of the civil cases and there are only few criminal cases where there has been serious breach of law. With the help of reference to relevant case law,
business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances. A credit transaction is when a consumer purchases a good or service and pays in the future. The use of a credit card can be useful as it is convenient, saving time and trouble. However, due
Hershey’s Company was recently sued for $5 billion for false representation. One may question how a candy company could get sued because of the depiction of their product. The Hershey Company is well known for many chocolate and candy products, including Reese’s Peanut Butter products. Cynthia Kelly filed a class action lawsuit against Hershey “for falsely representing several Reese’s Peanut Butter products as containing explicit carved out artistic designs when there are no such carvings in the
The Australian Legal System, 6th edition, Lawbook Co, Pyrmont, NSW. Financial Planning Association of Australia, 2013 [Internet]. viewed 17 March 2014, . Lexis Nexis 2013, Duress, Undue Influence, Breach of Fiduciary Obligation and Unconscionable Conduct [Internet]. viewed 13 March 2014, Sweeney, B, O'Reilly, J & Coleman, A 2013, Law in Commerce, 5th edition, Lexis Nexis, Australia.
that this has an real impact on the way a credit providers are able to market credit products to customers upfront, as well as the prohibition under Australian Securities and Investments Commission Act (ASIC Act) from engaging in conduct that is misleading or deceptive, or likely to mislead
The best way to prove that Mr Spoke had breached section 18 is through IRAC analysis which is issue, rule, application and conclusion. The main element of section 18 is that there must be misleading or deceptive conduct which is likely to mislead or deceive which is determined by an objective test of reasonable person. The issue in this scenario is that: - Did Mr. Spoke mislead or deceive Bob by an objective? The rule is that one party must have misled
Introduction: The pizza industry is fierce with competition. Domino's has been able to pave their way to the #2- pizza chain, leading the industry in delivery orders. With more than 12,500 delivery locations in about 80 countries. (The chain includes more than 5,000 stores throughout the US.) After enforcing a new social media system, we will be able to tend to our consumer wants and needs while communicating efficiently throughout the company. Over the past couple of decades, technology has taken
is that when we do business with other countries we must adhere to our own domestic code of ethics as well as those of the countries we conduct business with, we must find a balance between both countries. With that being said, it is important to stay within all legal and ethical standards while conducting business transactions. It is imperative that we conduct research prior to establishing business practices with third-world and developing countries. The video provided key information that is vital
against HPA charging that HPA had breached Australian consumer law by making false and misleading representation to customers and retailers when it comes to their rights under Australian consumer law. Federal law penalized HPA a $3 million civil penalty for making false or misleading representations. After an agreement between HPA and ACCC under federal court HPA admitted that it had made the following false or misleading representations: 1. HPA had, through internal policies, guidelines and scripts developed
mind. “Some American commentators describe the player agent business as “one of the most deceptive and unethical aspects of the sports industry’ and ‘responsible for much of what is wrong with sports today” (Johnson, 2006 p. 104). In order to understand what makes the lack of professional ethics possible in the sports agent industry one must consider the current regulations for governing professional conduct and each individual agent’s own ethical bases for decision making regarding those
mind. “Some American commentators describe the player agent business as “one of the most deceptive and unethical aspects of the sports industry’ and ‘responsible for much of what is wrong with sports today” (Johnson, 2006 p. 104). In order to understand what makes the lack of professional ethics possible in the sports agent industry one must consider the current regulations for governing professional conduct and each individual agent’s own ethical bases for decision making regarding those