BA 3301 Lecture Notes - Lecture 68: Contributory Negligence, Standard Form Contract, Bmw M54
Document Summary
Opinions, predic-ons and promises are not misleading conduct unless they are known to be untrue. There is no general duty to disclose, so silence is not misleading and decep-ve, unless literal truth is misleading, circumstances change or there is a reasonable expecta-on to disclose. Properly labelled products generally don"t amount to misleading conduct. s20(1): a person must not, in trade or commerce, engage in conduct that is unconscionable, within the meaning of the unwriken law from -me to -me. The remedies for unconscionable conduct are damages and injunc-on. s20, unconscionable conduct, is a general prohibi-on. s21 contains specimc prohibi-ons with regard to goods and services. If any par-cular subsec-on of s21, it should also be included in answers to exam ques-ons. s18 s-pulates that in order to sue for unconscionable conduct, there must be a causal link between the conduct and the loss sustained. However, there is no need to prove inten-on to mislead.
