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Vol 23 No 3 March/April 2018

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Fair Trading: Misleading or Deceptive Conduct 2nd ed

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ISBN13: 9781927149423
Published: March 2013
Publisher: LexisNexis New Zealand
Country of Publication: New Zealand
Format: Paperback
Price: Price on Application

Providing an indispensable comparative and in-depth resource, Fair Trading: Misleading or Deceptive Conduct 2nd edition, examines 26 years of section 9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under section 9: namely that there is “conduct” “in trade” that is “misleading or deceptive”. The authors then consider examples of potentially misleading or deceptive conduct: including nondisclosure of information, opinions and advice, laudatory statements, predictions and promises.

The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Finally, remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in section 43 are reviewed. As knowledge about and expertise in fair trading actions has become an integral and daily part of commercial law Fair Trading: Misleading orDeceptive Conduct 2nd edition will become the essential resource for commercial lawyers, litigators and students.

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Other Jurisdictions , New Zealand
Chapter One: The Fair Trading Act 1986
Part One: Misleading or deceptive conduct
Chapter Two: In Trade
Chapter Three: Misleading or Deceptive Conduct
Chapter Four: Non-disclosure or Silence
Chapter Five: Opinion, Advice, and Laudatory Statements
Chapter Six: Predictions, Promises, and Post-contractual Conduct
Part Two: Procedural Matters, Parties and Limitation of Liability
Chapter Seven: Procedural Matters
Chapter Eight: Conduct and Liability of Directors, Servants and Agents
Chapter Nine: Disclaimers
Chapter Ten: The Mere Conduit ‘Defence’ and the News Media Exemption
Part Three: Remedies
Chapter Eleven: Injunctions and Corrective Statements
Chapter Twelve: Loss or Damage ‘By’ Misleading or Deceptive Conduct
Chapter Thirteen: Section 43 – Remedies
Chapter Fourteen: Damages
Appendix Legislative Extracts