First Principles of Business Law

The regulation of undesirable business practices

2.1. Protection against misleading or deceptive conduct

2.1. Misleading conduct prohibited




The Australian Consumer Law (ACL) prohibits misleading or deceptive conduct in trade or commerce.  In particular, s 18 says:

'A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.'

The prohibition against misleading conduct is not limited to cases involving consumers. It applies to both consumer and commercial transactions. In this section, we will use a case study to illustrate the essential elements of s 18 of the ACL.

Click here to see a note on the relevant case law.



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