First Principles of Business Law

The regulation of undesirable business practices

5. Protection against unfair business practices

5.11. Harrassment or coercion

 

 

 

A is employed by a telephone company to go door to door in the evenings and tell householders about the terms on which telephone services can be bought. A visits B's house, but B says she is not interested. A goes away, but comes again the next day, and the next, hoping that, by showing polite persistence, he will persuade B to listen to him. Although B asks him to stop coming to her house, A believes that he is entitled to approach her each day.

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(a) A's behaviour, although polite, amounts to coercion or harassment, and as such is prohibited and penalised by the ACL.

(b) A's behaviour, because it is always non-threatening and polite, does not amount to coercion or harassment, and is not prohibited or penalised by the ACL.

 
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