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First Principles of Business Law |
| The regulation of undesirable business practices |
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2.1. Protection against misleading or deceptive conduct |
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2.3. The elements of s 18: misleading conduct |
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The first element of liability for a contravention of s 18 of the ACL is the existence of misleading or deceptive conduct (or conduct that is likely to mislead or deceive). In the circumstances of the case study, are the director's statements about the survey, and the number of shops leased, misleading or likely to mislead? |
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(a) Yes, the statements are made in circumstances that are likely to mislead persons to whom they are made. (b) No, in the circumstances the statements are not likely to mislead the persons to whom they are made. |
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