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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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2.4. The elements of s 18: the relevance of intention |
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Is it necessary to prove that misleading conduct was engaged in either deliberately or negligently to establish liability for a breach of s 18 of the ACL? Which of the alternatives below is correct? |
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(a) If misleading conduct occurred without deliberate deceit or negligence, there is no breach of s 18. (b) There is a breach of s 18 even if misleading conduct occurred innocently, without deliberate deceit or negligence. |
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