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A high percentage of commercial disputes include claims based on the prohibition of misleading or deceptive conduct. It is a versatile legal claim and, as a result, there is a large body of case law dealing with the prohibition’s operation in a wide range of apparently disparate factual and legal settings. Practitioners need a detailed and specific knowledge of this provision.
This book focuses exclusively on examining the scope of the prohibition, the consequences of its breach, the applicability of defences and the availability of remedies. This singular focus allows for a detailed commentary on the legislation and lucid explanations of the enormous volume of case law.
Since the third edition of The Law of Misleading or Deceptive Conduct was published, the various statutory prohibitions of misleading or deceptive conduct, and the remedies and machinery provisions that supplement and support them, have continued to generate a torrent of case law. In excess of 1,000 cases have been reviewed in the preparation of this edition. Virtually every paragraph has been amended to take account of the new decisions and their implications.
No other text provides an in depth treatment of the law concerning claims based on s 18 of the Australian Consumer Law and its equivalents. This book is indispensable for the commercial and corporate practitioner and allows the student to delve deeper into this area.