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Vol 21 No 11 Nov/Dec 2016

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The Law of Misleading or Deceptive Conduct 4th ed


ISBN13: 9780409337822
Previous Edition ISBN: 9780409326574
Published: October 2014
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Price on Application



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.

Subjects:
Other Jurisdictions , Australia
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