BTC1110 Lecture Notes - Lecture 7: Australian Consumer Law, Consumer Protection, Harvey Norman
3 Aug 2018
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Remedies are norm of conduct, superior to common. No civil of criminal sanctions no-one needs to have been mislead ("likely to mislead" is enough) focus on conduct of person, not impact on victim. Damages compensate for loss or damage caused by breach of acl: s236. Compensation orders compensate someone, unfair term in consumer contract: s237. Injunction court order to prevent contraventions: s232. Penalties civil (penalties), or criminal (fines), max amount for corporations if . 1 mil, ,000 for individuals. In trade or commerce: business related conduct, not private sales or transactions. That is misleading, deceptive or likely to mislead or deceive: "lead into error" Mere puffery: not part of agreement or conduct. Opinions and statements about future are not misleading facts. Exception: s 4(1) person makes representation about future matter. G not liable for publishing misleading content, not author. Liable if endorsed sponsor results, did not engage in conduct. Court ordered t to repay ,000 in franchise fees.
