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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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2.5. The elements of s 18: 'in trade or commerce' |
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Section 18 prohibits misleading conduct only if it takes place 'in trade or commerce'. It does not apply to transactions that are not part of business dealings. Do you think the director made the misleading statements in trade or commerce? |
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(a) Yes, because the statements were made in the course of conducting A Pty Ltd's business. (b) No, because the statements were not made to the general public. |
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