MLL117 - Misleading Conduct and Economic Torts Notes

Description

These are the notes I used for my examination. I completed the unit with an HD. These notes cover all weeks from 1-11. Topics covered in order: - Defamation - Defamation defenses (Innocent dissemination, Truth (Justification), Contextual truth, Honest opinion, Absolute privilege, Common law qualified privilege, Statutory qualified privilege, Triviality) - Defamation damages (economic and non-economic loss) - Misinformation Torts (Deceit, Injurious falsehood, Negligent misrepresentation) - Section 18 ACL (each element extensively covered) - Advertisements (False claims, Disclaimers, Puffery, Comparative advertising) - Future statements + Medical representations - Passing off (At common law and under s 18)(Types of representations covered: Use of existing/similar business name, Use of existing/similar product name, Use of similar ‘get-up’, Use of similar advertising campaign, Copying an existing product, Character merchandising, Particular geographical location, Particular ingredients) - Part 3-1 ACL - s 29(1)(a)(b)(e)(f)(g)(h)(i)(k)(m)(n) - Safe harbour defences - ss 33 and 34 - Remedies - Part 3-5: Defective Goods  Causes of Action - Personal injury - Dependency losses - Damage to other consumer goods - Damage to private land, buildings or fixtures  Defences - No defect at time of supply - Mandatory standards defense - State of the arts defense - Components defense - Contributory negligence - Other Economic Torts  The tort of negligence - Damage to a third party’s property or the defendant’s property - Defective Structures  The Tort of Interference with Contractual Relations  The Tort of Intimidation  The Tort of Conspiracy I have attached sample notes in order to help you get a feel for the notes and their layout. These notes are well-organized with headings and sub-headings. I've also added summaries to important cases as you will see in the sample notes. Also, i've added a little "table of contents" on each cover page for each topic in order to keep track of what's covered under each section, as you will also see in the sample notes. These are very helpful in exam situations. One other very helpful thing is that these notes have outlined approaches for most problems. So, in exam situations, they provide a great head start and save so much time. These sample notes are obviously very incomplete. I've merely added the things I think are worth highlighting for these particular set of notes. For instance, examples of how each element is extensively covered, an example of a case summary - examples of outlined approaches, and examples of cover pages. These notes are extremely detailed and comprehensive, they even include precise case law on very specific scenarios that will very rarely come up if ever (better safe than sorry) I am sure you will find these notes will cover each and every topic from A-Z. Good luck with your exams!