CLAW1001 Lecture Notes - Lecture 11: Lululemon Athletica, Free Range, Unconscionability
Document Summary
It"s yours for keeps so no returns and no exchanges : even if products on sale, they are still subject to be returned if faulty. Make a market for a financial product. Operate a financial market or clearing and settlement facility. 2: re henjo investments pty limited; henry saade, saade developments pty ltd v collins. Marrickville pty ltd (1988) 79 alr 83: exclusion clauses, disclaimers or entire agreement clauses cannot save one from the statutory obligation not to engage in misleading or deceptive conduct, silence can be misleading or deceptive. Unless there is either a duty of disclosure/circumstances were ordinary members of the class at which conduct was directed would reasonably expect the other party to divulge that information could be misleading or deceptive. When they found it wasn"t real, they didn"t say anything. Christie was liable to pay damages if found they were conduit" they might have been okay.
