16641 Lecture Notes - Lecture 9: Westpac, Australian Consumer Law, Demagogue
Document Summary
Lecture 09 property dealings & the australia consumer law. Application of s 18 of the australian consumer law to land (sales & leasing: concept of trade or commerce", what representations matter, causation, remedies under the acl (ss 236, 237 acl) Misleading or deceptive conduct (1) a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Requirement of in trade or commerce" property transactions: the cases suggest that: Where the sale of a property is a private sale, the conduct of the private vendor is not conduct in trade or commerce. This appears to apply to sale of residential property only in which the vendor ordinarily resides. O"brien v smolonogov (1983) 53 alr 107. Argy v blunts (1990) 26 fcr 112. Butcher v lachlan elder (2004) 218 clr 592. Definition of conduct: section 2(2) of the acl, section 4(2) of the acl.
