78181 Deceptive Trade Practices6cp
Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76023 Deceptive Trade Practices and Product Liability AND 78123 Deceptive Trade Practices
This subject examines in detail the statutory action of misleading and deceptive conduct within the meaning of section 18 of the Australian Consumer Law (ACL). Section 18 is contravened where a defendant engages in conduct that is likely to deceive in trade and commerce. Because the remedies under the ACL are more flexible, more far reaching and usually easier to establish than remedies available at common law or in equity, legal practitioners tend to rely on the statutory action of misleading and deceptive conduct as an alternative to traditional claims based on common law or equitable breaches of the general law.
In this subject, students analyse cases dealing with the meaning of the phrases 'in trade and commerce' and 'misleading or deceptive conduct' and how loss or damage is assessed. The application of the law to all the facts and circumstances is stressed. A distinction is drawn between cases involving competitors, rivals and political opponents and cases involving parties in contractual relationships such as vendors and their agents versus purchasers; finance providers and their agents versus borrowers; and, landlords and their agents versus tenants. Silence, promises, predictions and representations about future matters as misleading or deceptive conduct are also examined in depth. Students examine the causal nexus between a contravention of section 18 of the ACL and any loss or damage suffered. Has the claimant relied on the misleading or deceptive conduct? Has the claimant's reliance been a cause of his, her or its loss? What is the effect on a claimant who, although misled or deceived has failed to take reasonable care? Finally, the remedies available under the ACL are examined in detail.
Detailed subject description.
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- Subject EFTSL: 0.125